PREFACE.

In the earlier editions of this work, published at first without the

name of the author, the following lines formed the sole introduction to

the subject:--

“There are two ways of accounting for the existence of the ensuing

work. Either there really has been found a roll of papers on which

were inscribed, exactly as they came, the last thoughts of a

condemned prisoner; or else there has been an author, a dreamer,

occupied in observing nature for the advantage of society, who,

having been seized with those forcible ideas, could not rest until

he had given them the tangible form of a volume.”

* * * * *

At the time when this book was first published, I did not deem fit to

give publicity to the full extent of my thoughts; I preferred waiting to

see whether the work would be fully understood, and I find such has been

its fate.

I may now, therefore, unmask the political and social ideas which I

wished to render popular under this harmless literary guise. I avow

openly, that “The Last Day of a Condemned” is only a pleading, direct

or indirect, for _the abolition of punishment by death_. My design

herein (and what I would wish posterity to see in my work, if its

attention should ever be given to so slight a production) is, not to

make out the special defence of any particular criminal, such defence

being transitory as it is easy: I would plead generally and permanently

for _all_ accused persons, present and future; it is the great point of

Human Right stated and pleaded before society at large,--that highest

judicial court; it is the sombre and fatal question which breathes

obscurely in the depths of each capital offence, under the triple

envelopes of pathos in which legal eloquence wraps them; it is the

question of life and death, I say, laid bare, denuded of the sonorous

twistings of the bar, revealed in daylight, and placed where it should

be seen, in its true and hideous position,--not in the law courts, but

on the scaffold,--not among the judges, but with the Executioner!

This is what I have desired to effect. If futurity should award me the

glory of having succeeded,--which I dare not hope,--I desire no other

crown.

I proclaim and repeat it, then, in the name of all accused persons,

innocent or guilty, before all courts, juries, or judges. And in order

that my pleading should be as universal as my cause, I have been

careful, while writing “The Last Day of a Condemned,” to omit any thing

of a special, individual, contingent, relative, or modifiable nature, as

also any episode, anecdote, known event, or real name,--keeping to the

limit (if “limit” it may be termed!) of pleading the cause of _any_

condemned prisoner whatever, executed at any time, for any offence;

happy if, with no other aid than my thoughts, I have mined sufficiently

into my subject to make a heart bleed, under the _æs triplex_ of a

magistrate! happy if I could render merciful those who consider

themselves just! happy if I penetrate sufficiently deep within the Judge

to reach the man.

When this book first appeared, some people thought it was worth while to

dispute the authorship. Some asserted that it was taken from an English

work, and others that it was borrowed from an American author. What a

singular mania there is for seeking the origin of matters at a great

distance,--trying to trace from the source of the Nile the streamlet

which flows through our village! In this work there is no English,

American, or Chinese assistance. I formed the idea of “The Last Day of a

Condemned” where you all might form it,--where perhaps you may all have

formed it (for who is there that has not reflected and had reveries of

“the last day of a condemned”?)--there, on the public walk, the place of

execution!

It was there, while passing casually during an execution, that this

forcible idea occurred to me; and, since then, after those funereal

Thursdays of the Court of Cassation, which send forth through Paris the

intelligence of an approaching execution, the hoarse voices of the

assembling spectators, as they hurried past my windows, filled my mind

with the prolonged misery of the person about to suffer, which I

pictured to myself, from hour to hour, according to what I conceived was

its actual progress. It was a torture which commenced from daybreak,

and lasted, like that of the miserable being who was tortured at the

same moment, until _four o’clock_. Then only, when once the _ponens

caput expiravit_ was announced by the heavy toll of the clock, I

breathed again freely, and regained comparative peace of mind. One day

at length--I think it was after the execution of Ulbach--I commenced

writing this work; and since then I have felt relieved. When one of

those public crimes called _legal executions_ is committed, my

conscience now acquits me of participation therein. This, however, is

not sufficient; it is well to be freed from self-accusation, but it

would be still better to endeavour to save human life. I do not know any

aim more elevated, more holy, than that of seeking the abolition of

capital punishment; with sincere devotion I join the wishes and efforts

of those philanthropic men of all nations who have laboured, of late

years, to throw down the patibulary tree,--the only tree which

revolution fails to uproot! It is with pleasure that I take my turn to

give my feeble stroke, after the all-powerful blow which, seventy years

ago, Beccaria gave to the ancient gibbet, which had been standing during

so many centuries of Christianity.

I have just said that the scaffold is the only edifice which revolutions

do not demolish. It is rare indeed that revolutions are temperate in

spilling blood; and although they are sent to prune, to lop, to reform

society, the punishment of death is a branch which they have never

removed! I own, however, if any revolution ever appeared to me capable

and worthy of abolishing capital punishment, it was the Revolution of

July, 1830. It seemed, indeed, as if it belonged to the merciful

popular rising of modern times to erase the barbarous enactments of

Louis the Eleventh, of Richelieu, and of Robespierre, and to inscribe at

the head of the code, “the inviolability of human life!” 1830 was worthy

of breaking the axe of 1793.

At one time we really hoped for it. In August, 1830, there seemed so

much generosity afloat, such a spirit of gentleness and civilization in

the multitude, that we almost fancied the punishment of death was

abolished, by a tacit and unanimous consent, with the rest of the evils

which had oppressed us. For some weeks confiding and credulous, we had

faith in the inviolability of life, for the future, as in the

inviolability of liberty.

In effect, two months had scarcely passed, when an attempt was made to

resolve into a legal reality the sublime Utopia of Cæsar Bonesana.

Unfortunately, this attempt was awkward, imperfect, almost hypocritical,

and made in a different spirit from the general interest.

It was in the month of October, 1830, as may be remembered, that the

question of capital punishment was brought before the Chamber of

Deputies, and discussed with much talent, energy, and apparent feeling.

During two days there was a continued succession of impressive eloquence

on this momentous subject; and what was the subject?--to abolish the

punishment of death? Yes and No! Here is the truth.

Four “gentlemen,”--four persons well known in society,[7]--had attempted

in the higher range of politics one of those daring strokes which Bacon

calls crimes, and which Machiavel calls _enterprises_. Well! crime or

enterprise,--the law, brutal for all, would punish it by death; and the

four unfortunates were prisoners, legal captives guarded by three

hundred tri-coloured cockades at Vincennes. What was now to be done? You

understand the impossibility of sending to the place of execution, in a

common cart, ignobly bound with coarse ropes, seated back to back with

that functionary who must not be named,--four men of our own rank,--four

“gentlemen”!

If there were even a mahogany Guillotine!

Well, to settle the matter, they need only _abolish the punishment of

death_; and thereupon the Chamber set to work!

Only yesterday they had treated this abolition as Utopian,--as a theory,

a dream, a poetic folly. This was not the first time that an endeavour

had been made to draw their attention to the cart, the coarse ropes, and

the fatal machine. How strange it is that these hideous details acquired

such sudden force in their minds!

Alas! it was not on account of the general good that they sought to

abolish capital punishment, but for their own sakes,--as Deputies, who

might become Ministers. And thus an alloy of egotism alters and destroys

the fairest social combinations. It is the dark vein in statuary marble,

which, crossing everywhere, comes forth at each moment unexpectedly

under the chisel!

It is surely unnecessary for me to declare that I was not among those

who desired the death of the Ministers. When once they were imprisoned,

the indignant anger I had felt at their attempt changed with me, as with

every one else, into profound pity. I reflected on the prejudices of

education of some among them; on the ill-developed head of their chief

(fanatic and obstinate relapse of the conspiracies of 1804), whitened

before its time, in the damp cells of state prisons; on the fatal

necessity of their common position; on the impossibility of their

placing a drag on that rapid slope down which monarchy rushed blindly on

the 8th of August, 1829; on the influence of personal intercourse with

Royalty over them, which I had hitherto under-rated: and finally I

reflected, above all, on the dignity which one among them spread, like a

purple mantle, over their misfortunes! I was among those who sincerely

wished their lives saved, and would have readily lent my aid to that

effect.

If a scaffold had been raised for them in Paris, I feel quite certain

(and if it be an illusion, I would preserve it) that there would have

been an insurrection to pull it down; and I should have been one of the

rioters.

Here I must add that, in each social crisis, of all scaffolds, the

political one is the most abominable, the most fatal, the most

mischievous, the most necessary to extirpate.

In revolutionary times, beware of the first execution. It excites the

sanguinary passions of the mob.

I therefore agreed thoroughly with those who wished to spare the four

Ministers, both as a matter of feeling and of political reasoning. But I

should have liked better that the Chamber had chosen another occasion

for proposing the abolition of capital punishment. If they had suggested

this desirable change not with reference to those four Ministers, fallen

from a Palace to a Prison, but in the instance of the first

highwayman,--in the case of one of those wretches to whom you neither

give word nor look, and from whom you shrink as they pass: miserable

beings, who, during their ragged infancy, ran barefoot in the mud of the

crossings; shivering in winter near the quays, or seeking to warm

themselves outside the ventilator from the kitchens of the hotels where

you dine; scratching out, here and there, a crust of bread from the

heaps of filth, and wiping it before eating; scraping in the gutter all

day, with a rusty nail, in the hopes of finding a farthing; having no

other amusement than the gratuitous sight of the King’s fête, and the

public executions,--that other gratuitous sight,--poor devils! whom

hunger forces on theft, and theft to all the rest; children disinherited

by their step-mother, the world; who are adopted by the House of

Correction in their twelfth year,--by the Galleys at eighteen,--and by

the Guillotine at forty! unfortunate beings whom, by means of a school

and a workshop, you might have rendered good, moral, useful; and with

whom you now know not what to do,--flinging them away like a useless

burthen, sometimes into the red ant-heaps of Toulon, sometimes into the

silent cemetery of Clamart; cutting off life after taking away liberty.

If it had been in the instance of one of these outcasts that you had

proposed to abolish the punishment of death, oh, then your councils

would have indeed been noble, great, holy, majestic! It has ever

belonged to those who are truly great and truly powerful, to protect the

lowly and weak. How grand would be a Council of Bramins advocating the

cause of the Paria! And with us the cause of the Paria is the cause of

the people. In abolishing the penalty of death for sake of the people,

and without waiting until you were personally interested in the

question, you would have done more than a political work,--you would

have conferred a social benefit.

Instead of this, you have not yet even completed a political act, while

seeking to abolish it not for the abolition’s sake, but to save four

unfortunate Ministers detected in political delinquency. What has

happened? As you were not sincere, the people were distrustful; when

they suspected the cause of your change, they became angry at the

question altogether, and, strange to say, they declared in favour of

that condign punishment, the weight of which presses entirely on

themselves.

Immediately after the famous discussion in the Chamber, orders were

given to respite, indefinitely, all executions. This was apparently a

great step gained; the opponents of punishment by death were rendered

happy; but the illusion was of short duration. The lives of the

Ministers were spared, and the fortress of Ham was selected as a medium,

between death and liberty. These different arrangements once completed,

all fear was banished from the minds of the ruling statesmen; and along

with fear humanity was also banished. There was no farther question of

abolishing capital punishment; and, when they no longer wished to prove

to the contrary, Utopia became again Utopia!

There were yet in the prisons some unfortunate condemned wretches, who,

having been allowed during five or six months to walk about the

prison-yards and breathe the fresh air, felt tranquil for the future,

sure of life, mistaking their reprieve for pardon.

There had indeed been a reprieve of six months for these hapless

captives, whose sufferings were thus gratuitously aggravated, by making

them cling again to life: then, without reason, without necessity,

without well knowing why, the respites were all revoked, and all these

human beings were launched into eternity.

Let me add, that never were executions accompanied by more atrocious

circumstances than since that revocation of the reprieve of July. Never

have the “anecdotes” been more revolting, or more effectual to prove the

execration of capital punishment. I will cite here two or three examples

of the horrors which have attended recent executions. I must shock the

nerves of the wives of king’s counsel. _A wife is sometimes a

conscience!_

In the South, towards the close of last September, the following

circumstance occurred: I think it was at Pamiers. The officers went to a

man in prison, whom they found quietly playing at cards, and gave him

notice that he was to die in two hours. The wretched creature was

horror-struck; for during the six months he had been forgotten, he had

no longer thought on death; he was confessed, bound, his hair cut off,

he was placed in the fatal cart, and taken to the place of execution.

The Executioner took him from the Priest; laid him down and bound him on

the Guillotine, and then let loose the axe. The heavy triangle of iron

slowly detached itself, falling by jerks down the slides, until,

horrible to relate, it wounded the man, without killing him! The poor

creature uttered a frightful cry. The disconcerted Executioner hauled up

the axe, and let it slide down again. A second time, the neck of the

malefactor was wounded, without being severed. Again he shrieked, the

crowd joining him. The Executioner raised the axe a third time, but no

better effect attended the third stroke. Let me abridge these fearful

details. Five times the axe was raised and let fall, and after the fifth

stroke, the condemned was still shrieking for mercy. The indignant

populace commenced throwing missiles at the Executioner, who hid himself

beneath the Guillotine, and crept away behind the gendarmes’ horses: but

I have not yet finished. The hapless culprit, seeing he was left alone

on the scaffold, raised himself on the plank, and there standing,

frightful, streaming with blood, he demanded with feeble cries that some

one would unbind him! The populace, full of pity, were on the point of

forcing the gendarmes to help the hapless wretch, who had five times

undergone his sentence. At this moment the servant of the Executioner, a

youth under twenty, mounted on the scaffold, told the sufferer to turn

round, that he might unbind him: then taking advantage of the posture of

the dying man, who had yielded himself without any mistrust, sprang on

him, and slowly cut through the neck with a knife! All this happened;

all this was seen.

According to law, a judge was obliged to be present at this execution;

by a sign he could have stopped all. Why was he leaning back in his

carriage then, this man, while they massacred another man? What was he

doing, this punisher of assassins, while they thus assassinated, in

open day, his fellow-creature? And the Judge was not tried for this; nor

the Executioner was not tried for it; and no tribunal inquired into this

monstrous violation of all law on one of God’s creatures.

In the seventeenth century, that epoch of barbarity in the criminal

code, under Richelieu, under Christophe Fouquet, Monsieur de Chalais was

put to death at Nantes by an awkward soldier, who, instead of a

sword-stroke, gave him thirty-four strokes of a cooper’s adze.[8] But at

least it was considered execrable by the parliament of Paris, there was

an inquest and a trial; and, although Richelieu and Fouquet did not

suffer, the soldier was punished,--an injustice doubtless, but in which

there was some show of justice.

In the modern instance, nothing was done. The fact took place after

July, in times of civilization and march of intellect, a year after the

celebrated lamentation of the Chamber on the penalty of death. The

circumstance attracted no attention; the Paris papers published it as an

anecdote, and no one cared about it. It was only known that the

Guillotine had been put out of order by a dismissed servant of the

Executioner, who, to revenge himself, had taken this method of action.

Another instance. At Dijon, only three months ago, they brought to the

scaffold a woman (a woman!). This time again the axe of the Guillotine

failed of its effect, and the head was not quite detached. Then the

Executioner’s servants pulled the feet of the woman; and, amidst the

yells of the populace, thus finished the law!

At Paris, we have come back to the time of secret executions; since July

they no longer dare to decapitate in the town, for they are afraid. Here

is what they do. They took lately from the Bicêtre prison a man, under

sentence of death, named Desandrieux, I think; they put him into a sort

of panier on two wheels, closed on every side, bolted and padlocked;

then with a gendarme in front, and another at the back, without noise or

crowd, they proceeded to the deserted barrier of St. James. It was eight

in the morning when they arrived, with but little light. There was a

newly erected Guillotine, and for spectators, some dozens of little

boys, grouped on the heaps of stones around the unexpected machine.

Quickly they withdrew the man from the basket; and without giving him

time to breathe, they furtively, secretly, shamefully deprived him of

life! And that is called a public and solemn act of high justice!

Infamous derision! How then do the lawgivers understand the word

civilization? To what point have we attained? Justice reduced to

stratagems and frauds! The law reduced to expedient! Monstrous! A man

condemned to death, it would seem, was greatly to be feared, since they

put an end to him in this traitorous fashion!

Let us be just, however; the execution was not quite secret. In the

morning people hawked and sold, as usual, the sentence of death through

the streets. It appears there are people who live by such sales. The

crime of a hapless fellow-creature, its punishment, his torture, his

agony, forms their stock in trade--a paper that they sell for a penny.

Can one conceive anything more hideous than this coin, _verdigrised_ in

blood?

Here are enough of facts; here are too many. Is not all this horrible?

What can be alleged in favour of punishment by death?

I put this question seriously. I ask it that it may be answered; I ask

it of Legislators, and not of literary gossips. I know there are people

who take “the excellence of punishment by death” for a text of

paradoxes, like any other theme; there are others who only advocate

capital punishment because they hate so-and-so who attack it. It is for

them almost a literary question, a question of persons, and proper

names; these are the envious, who do not find more fault with good

lawyers than with good artists. The Joseph Grippas are no more wanting

to the Filangieri than the Torregiani to the Michael Angelos, and the

Scuderies to the Corneilles.

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!

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.

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.

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