Chapter V.

Double Character Of The Government.

What power seeks in the employment of capital punishment is

security. I have shown that this it does not find; but that it

often finds what it does not seek, and what it should and always

does wish to avoid.

There are some simple truths which no one disputes, which good

sense immediately admits, and yet which are no sooner admitted

than forgotten. The reason is, perhaps, that being adopted

without debate, we are not led to think of their consequences.

Here is a truth of this kind. Every government has a double

character. Charged with maintaining public order and justice, and

conducting the affairs of the state, it represents the social

interest. Formed of men, and thus liable to the passions and

vices of our nature, it has, besides, a personal interest, which

is, to execute its will, and preserve at any price its existence.

That these two characters are united in power, that the one is

legitimate, and the other illegitimate, and that institutions

have for their object the constraining of the government to act

by the former, and to fortify the people from the perils of the

latter, who will deny? Who would even insinuate a doubt? Power

itself would not dare to do so. But in this instance power

forgets what it would not for a moment deny.

From the fact, that it is only called upon to act in the social

interest, while it still preserves a distinct personal interest,

proceeds this consequence, that all it does in virtue of the

former character fortifies it, and all it does in that of the

latter weakens it.

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However frequently misunderstood, this is evident. I do not speak

of legitimacy, nor of justice, nor of any moral obligation.

Independently of every motive of this kind, it is clear that if

power acts only for its own sake, in the sole interest of its

will or durability, it separates itself from society, courts a

risk of detection, and if detected, exposes itself to being

forsaken or even attacked by that general force from which its

own has sprung.

That prudence prescribes to power to show itself ever in its

social, and dissemble its individual aspect, and that it is of

importance to its existence to appear on every occasion the

representative of the public interest, and not the minister of

its own, would serve to show, if it were necessary to show, its

continual efforts to appear what it is not, and to pass for the

organ of society even when it acts against its wants or wishes.

To abjure its personal, in order to retain its social character,

would be, on the part of power, an act of the highest virtue. To

convince the people that it acts only in the general interest,

and binds up its destiny in theirs, would be its greatest art. To

keep itself apart, preoccupied with its own affairs, and in all

the nakedness of its distinct existence, would be foolish and

perilous in the extreme.

There was a time when governments could so act with less danger.

When they drew their revenues from their own domains, when they

possessed their places of war like an estate, when they formed

armies of adventurers, attracted by the pay alone, and pledged to

serve everywhere, then power had a separate existence, and a

distinct form from that of society. If skilful, it still tried to

identify itself with the country, and so received from it a much

greater strength; but if incapable or passionate, it could

isolate itself at least for a time, to live on its own funds, and

preserve some reality whilst losing its public character, and

allowing its personal sentiments and interests to predominate in

its acts and language.

But this time is past: power, which cannot live of itself, can no

longer live by itself. Everything draws it towards society. Does

it want money!--society must give it: laws?--society must approve

of them. If it acts, its acts arc judged; if it speaks, its words

are commented on: the public weighs constantly upon it by the

rule of necessity. As the representative of society, its strength

may be great, greater than ever; but if special and isolated, it

is a cipher. Alone to-day, it will be nothing tomorrow.

It has, then, the greatest interest in avoiding every appearance

of egotism, and in making its public character obviously

predominate over its individual one.

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But there are traits which belong to one more than the other of

these characters, symptoms which reveal the latter, but not the

former. The employment of capital punishment politically is of

this kind. It announces the predominance of the personal

existence of power over its social existence, and shows it to be

occupied with itself, and combating a peril which perhaps

threatens only itself. And what is more natural? When we look at

history, and ask why so much blood has been shed on the political

scaffold, it is seldom that the spirit of past society rises to

reply, 'That blood was shed for me.' Governments almost always

present themselves alone to give account of these punishments:

their own passions, faults, interests, commanded them; and next

to the victims themselves, society suffered most. I know that the

prospect of this future responsibility troubles power but little,

and less because it is perverse, than because, like men, it is

reckless; but we have at least gathered from it this knowledge,

that the necessities of a power which kills, often false with

regard to itself, are almost always so with regard to society;

and that if it must kill in its own defence, that defence is

necessary merely because it willed those things which suited no

interest but its own.

This knowledge, little disseminated formerly, and almost confined

to moralists, is now popular; it has become a sort of instinct,

which reveals to us, in all their extent, the position and the

illusions of power. When it is said that the illusions of what we

call monarchy are dissipated, and its prestiges vanished, we know

not how much to believe. It is not, however, in reality, a

question of illusions and prestiges; it is that things themselves

are changed: every sphere of existence or of action is enlarged;

and that which was particular has become general, not only for

society and its guarantees, but for the government and its

profit. The citizen whose affairs took him little from his

corporation, whose thoughts rarely wandered beyond the walls of

his town, now knows himself to be engaged and compromised in

affairs of the highest importance, and in the most complicated

deliberations. The words _judgment of the state, political

necessity_, which formerly struck upon his ear without his

comprehending their sense, although he admitted their dominion,

awaken ideas within him which trouble, and sentiments which

agitate him. He has indeed reason to be moved more than formerly;

for this government, which then had its sphere apart, higher and

greater, but also more special and restricted, has itself become

much more general, more directly, more universally associated

with the interests and life of every citizen. Does it require

money?--It demands it from all. Does it make laws?--They are for

all. Has it fear?--All maybe its object. The distinctions in the

nature of great and small exist no longer for power: its

relations are with the magistrates of a village, as well as with

the chiefs of the state; it has to produce an effect everywhere,

and everywhere receives some motive of action.

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And what is astonishing in the fact of the condition of

government and the disposition of the people having changed?

These changes are reciprocal, and correspond with each other. If

power is no longer a mystery to society, the reason is, that

society has ceased to be so to power: if authority meets

everywhere with minds that pretend to judge it, it is because it

comes into daily contact with these minds: if they demand that

its conduct shall be on every occasion legitimate, it is because

it has the disposal of all the strength of the country: if the

public busies itself more with the government, government

likewise acts over a very different public, and power is enhanced

as well as liberty.

Of what, then, do you complain? Have you so little ambition that

this displeases you! It is true you have lost the independence

which belongs to a private life: your passions, and your personal

interests, can no more have a place in the new order which

surrounds you; you may not listen to their voice without its

being known, nor obey their dictates without the reproach of

failing in your mission. But what a mission is yours! If you are

in harmony with society, the whole of society is concentrated and

reflected in you. It is whilst offering itself entirely to you,

that it asks you to live only for it. Formerly, you could confide

only in a factitious policy, emanating from the ideas or desires

of a single man, and tormenting nations to adapt them to designs

they knew nothing about. But now policy must be true--that is to

say, national--and that restrains the capricious actions or

arbitrary conceptions of individuals. But what strength, what

lustre, what energy belongs to a true national policy! What power

is the best--that which represents the interests and the will of

a people, or that which accomplishes only the thoughts, and

responds only to the interest, of a man! I own I have no

hesitation in deciding.

Hesitation, however, is of little consequence. I only insist at

present upon this new state of society, to prove that power is

not free to choose; and that if its conduct were to appear

dictated by the necessities of its personal situation, rather

than those of the social, which should be manifested in it, it

would soon fall into a profound weakness; for society would soon

be aware that it was separated from the fate as well as interest

of the public, and acted only for itself. And how can it be

supposed that capital punishment, employed politically, will not

awaken this idea in society! There are fearful times, I know,

when the people themselves call for and excuse it. I do not

believe nations to be secure from those frightful maladies which

engender human passions and errors. But a crisis of this kind is

rare, and not of long duration; and it is precisely when it does

take place that capital punishment becomes most odious. Remember

the burst of kindly feeling with which France turned towards the

emigrants in spite of all mistrust, past animosities, and every

possible prejudice, the revolutionary policy was overturned,

because it could neither become just nor remain cruel.

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Since that period, capital punishment has been in political hands

a weapon which compromises power more than serves it, and to

which power has scarcely ever recourse but when in peril on its

own account and from its own errors. It might be said that

society, terrified by what it has seen, will no longer accept the

responsibility of any political punishment, but is determined to

believe that if it must be employed, government alone has need of

an instrument which its own faults have rendered necessary. And

that is especially true of a government which is not of

yesterday, but has already held out, and is able to take its true

position. If it were now only struggling into life, we might

think with regret that it had not had time to become known, or to

dissipate by its wisdom the perils surrounding it, and that

examples were still necessary, and the severities of to-day only

the forerunners of peace tomorrow. But if the government has been

long enough established, if legal means and leisure have not

faded in their influence, if it has been able to show itself

wise, and become strong by its harmony with the public, then

conspiracies cannot spring up again, nor punishments recommence,

without society immediately repelling from itself both the

necessity and the blame. Then power is again invested with this

personal and isolated character which destroys it: it is no

longer social power; and society, instead of seeing its own

reflection, beholds only an interest which is not its own, wants

which it disavows, and intentions in which it has no share. The

justice of such a government is not true justice, and its

necessities are not real necessities.

There is, in fact, in political chastisements, as in other

things, a true justice and necessity, often distinct from legal

justice and the necessities of power. Governments have long given

up troubling themselves on the subject. In barbarous times--and

their duration was long--legal justice did not seem to have been

required at all; the personal necessities of power being

sufficient. When attacked, it had every right to defend itself,

and the execution of a conspirator called for little more delay

or formality than the death of an enemy. By degrees, however,

legal justice was introduced into public policy, the people began

to think, and power was forced to admit that there were other

things besides war, and that against crimes of this nature, as of

every other, laws, forms, proofs, and judgments were necessary.

This was an immense progress, and it is now approaching its

consummation. But the career of progress is not yet stayed--the

public cry is still, Go on! The laws which regulate the

chastisement of political crimes may be insufficient or even bad;

and the necessities which deliver up culprits to the laws may be

false.

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Society goes the length of supposing this more especially when

the question is of capital punishment. Suspecting that power is

isolated from it, and looks to its own interest alone, it is at

the same time convinced that that interest does not suffice to

legitimise punishments, and that power has not the right of

defending itself at all risks. Sufficiently enlightened to know

that infallible justice does not belong to any law, and that were

laws even without fault in themselves, the faults of men would

corrupt them in their administration, society now neither relies

upon the personal wants of power nor upon the legality of its

processes. It would have these wants founded on reason, and these

processes in equity. Whether it obtains this or not, its demands

continue; for it is aware of the justice of the debt, and though

refused, it is not forgotten. Moreover, has not one political

condemnation, legally pronounced, succeeded better in our days in

convincing the people of its necessity and justice, than the most

arbitrary executions of former times? Let not power mistake this

new exaction of the public; for it is a powerful and irrevocable

one, and is allied to all the progress, and all the moral wants

of civilisation and of the human mind. Let it not flatter itself

in thinking to escape by taking refuge behind the laws: it has

long rejected their yoke, and now it would make them a shield

when beaten on an open field, and would possess itself of the

citadels armed against it, and then think itself inviolate. But

it will be pursued to this asylum, which will be shown to have

been profaned more than once by deceit and iniquity. It may plead

that the punishment was legal; but it will be asked if it was

just or necessary. Is it, indeed, so politically? And in what

case, and under what conditions? We must descend to these

questions, for the public thought itself descends to them, and

will have an answer. A government which would give itself no

concern in such questions, but say with Pilate--'I wash my hands

of the blood of this man: see ye to it,' such governments would

soon learn that they do not escape; that no deceit, no laws, can

save from impending danger a power at once egotistical and

hypocritical, which, in separating itself from society and truth,

makes for itself a justice which is not true justice, and a

necessity which is not the necessity of the country.

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General History of Civilisation in Europe, From the Fall of the Roman Empire Till the French Revolution. A Treatise on Death Punishments. · 第 5 / 11 章