Chapter III.

Moral Efficacy Of Capital Punishment.

Considered generally, and in its moral efficacy, capital punishment, like all other punishments, has a double effect--inspiring aversion to crime, and fear of chastisement. The two ideas--crime and chastisement--are associated in the mind of man. When crime is seen, punishment is expected; when punishment is seen, crime is presumed. Founded upon this natural fact, legislation proposes in punishing not only to terrify, but also to maintain and fortify in all minds the conviction of the perversity of the acts it punishes; and it is thus it would dissuade the people from crime, and make that punishment an example.

I even think that punishments are still more exemplary by the moral impression they make, than by the terror they inspire. The laws have more force in the consciences of men than in their fears. The public reprobation and shame attached to certain acts have more power in deterring, than the chastisement which may follow. Those who are acquainted with human nature will agree with me in this; and let those who doubt only suppose the moral stigma removed from actions reckoned criminal by our code, and then inquire whether all the skill of the police, and all the rigour of power, could suffice for their prevention. Fear, no doubt, has its part in the moral efficacy of punishments; but we should not exaggerate the power of this agent, or forget the more energetic one which works to the same result.

It has been said that the moral antipathy inspired by crime is not increased by the severity of the punishment. It is true that if the punishment appears excessive, if it revolts more than conciliates the moral sentiments, if it changes the horror of the crime into pity for the criminal, it loses its desired effect. It is not true, however, that fear alone arises from severe punishments, and that they do not move the conscience still more strongly: all this varies according to the times, ideas, and manners: the punishment which formerly spoke loudly against the crime might now speak only in favour of the criminal. Moreover, even in the midst of the mildest manners, pity never so exclusively possesses the heart of man that, while beholding a great punishment merited by a great crime, he suddenly forgets the crime, to think only of the sufferings of the criminal. Pity has its sentiment of justice; and when this justice is not offended, the gravity of the punishment exercises its power alike over the conscience and the fear. I do not dispute that capital punishment has this double virtue. {269} Neither do I believe that it now acts only by fear, or that it is, besides, so contrary to our manners that it fails as entirely in its end as would do the punishment of the wheel. I think even that, become rarer, its effect upon the imagination may have increased with the importance which a man's life takes in the public mind. But even as simple capital punishment preserves its moral efficacy, and as slow and cruel punishments have lost theirs, in like manner are introduced or developed such differences in crimes, that the same punishment does not possess the same efficacy in all.

Why does capital punishment, when applied to private crimes, such as murder, robbery, incendiarism, &c. never fail to produce this chief effect, the end of all punishments, which consists in increasing the aversion these crimes inspire? It is because it finds this aversion in all hearts, or at least because there is no dispute as to the natural criminality of the acts which it punishes. Two facts are certain--that the action made criminal by law has really taken place, and that it is really criminal. The public, power, even the accused, agree upon this. There is no question but to discover the author of an act of which no one contests the reality or the wickedness. Thus the first condition of the moral efficacy of punishment is in some sort fulfilled beforehand; it is a proved fact, which calls for chastisement, and the chastisement addresses itself to men who think in unison with the law.

In political crimes, on the contrary, these two circumstances are uncertain: it is not certain that the acts of the accused are really these which the law incriminates, nor that the acts incriminated by the law arc naturally and invariably criminal. The first uncertainty is evident: no one in the present day is ignorant that in the case of private offences it is the criminal alone who is sought out, the offence being certain; while in a political matter, such as conspiracies, offences of the press, &c. it is almost always necessary to discover in a series of actions more or less significant both the offence and the offender. As to the second uncertainty, let it not be said that in affirming that, it also exists, I wish to enervate the laws, and leave public order without a safeguard. I affirm only that the immorality of political crimes is neither so clear nor so immutable as that of private crimes; it is constantly metamorphosed or obscured by the vicissitudes of human affairs; it varies according to times, events, and the rights and merits of power; it totters every moment under the blows of a force which pretends to fashion it according to its caprices or its necessities. It would be difficult to find in the political world a meritorious and innocent act which has not received, in some corner of the world or of time, a legal incrimination. Who shall say that all these laws were in the right? Who affirm that they have always carried into the minds of the people the conviction of their justice, and inspired, together with fear of the punishment, horror of the crime? {270} Who will now become the absolute defender of passive obedience, and construe the rights of society as subordinate to the written law, whatever be the character of power? Such an attempt would be vain. In things so changeable and complicated, true morality does not allow itself to be thus absolutely fixed and imprisoned for ever in the text of the laws; and Providence, which so often delivers up to force the destiny of men, does not permit it thus to make and unmake crime and virtue at its pleasure. 'Do you not know,' said the president of the revolutionary tribunal to M. Engrand d'Alleray, 'the law which forbids the sending of money to emigrants?' 'Yes,' replied the old man, 'but I know of an older law which commands me to support my children.' This, which was true in 1793, will be so always, in spite of all codes, and in the face of all kinds of power. Doubtless there are real and odious political crimes; but those that are made by the laws are not always so, whatever the laws or times may be. Force exercises an immense empire over the weak mind of man; but it is not given to it to deprave it to this degree, that crimes of its own fashioning excite the instinctive antipathy attached to crimes declared as such by the true law. Tyranny apart, and even in tolerably regular times, there frequently rests upon actions of this kind a great moral uncertainty. When they raise in the public a violent animosity, it is perhaps because the public is passionate, and itself inclined to injustice; and when it is always incredulous, and secretly given to excuse them, it is because power displeases the public. Which is right, and which wrong? Force may prevent people from knowing, or at least from speaking, but in almost every case capital punishment in political crimes fails to produce, either surely or generally, the really moral impression which accompanies it in private crimes.

An analogous difference exists between these two classes of crimes as to the effect of the fear sought to be inspired by capital punishment. The robber and the murderer are isolated in society, or at least their friends, protectors, or accomplices are only robbers or murderers like themselves. This they know; and when punishment overtakes them, it is not power alone, but the whole of society, which arms itself against them. With society they were at war, and it has conquered. This victory gives the idea of an immense force directed against individuals, who can only oppose to it their courage or address. They will never have better fortune; never will a portion of the public embrace their cause; never will a day of triumph or vengeance dawn for them. They live in the midst of society like wild beasts in a country crowded by man, finding everywhere snares or enemies; without support, without shelter, and without other force than their personal strength, which every one attacks, and living in a fear which every one increases; and every condemnation, every execution of their brethren which takes place, is to them a solemn proof of the weakness of their position, and a warning of the fate which awaits them. {271} But the enemies of a government, men inclined to conspire, or who do actually conspire, are in a very different position: they do not cease to belong to society, and they are attached to some party, to whose assistance and protection they look. This party may not wish what they wish, and may not believe what they believe; but what of that? They merely exaggerate its power, and misapprehend its intentions. In the meantime they live surrounded by men whose desires assimilate with their own, and whose illusions respond to their confidence. Who does not know what prodigious blindness possesses political factions, and with what mad certainty each reckons upon its strength and success? In each passer-by, under each roof from which the smoke rises, the robber sees an enemy; while the conspirator dreams everywhere of allies, and is confident of obtaining everywhere at least a temporary protection. And besides, if the latter is in danger, defenders will not fail him; his offence will be considered doubtful, and power unjust and violent; a thousand kind sentiments, a thousand wise reasons, will lend their support to designs which are disapproved of, and to conduct which is blamed, but which men cannot, and will not, allow to be suppressed by iniquity. Finally, if the man falls, it will not be in this isolation, in the midst of this universal animadversion, which freezes the most audacious courage. Perhaps in a future day he will be avenged; and in this expectation his friends regard his ruin as a blow from which the strength they possess, with the aid of a little more good fortune or prudence, may henceforth preserve them.

It is not possible to intimidate a faction like a band of robbers: in order to give in such cases the moral efficacy to capital punishment which it derives from fear, and which in a matter of private crime a single execution suffices to obtain, it would be necessary to go almost so far as to render its efficacy likewise physical; and we have seen that this has obstacles still more formidable, and dangers still more serious. There is, then, no analogy of this kind between private and political crimes, which are separated by profound differences. The question is not to examine the moral efficacy of capital punishment in general; because, whether it addresses itself to the conscience or fear, it will not produce the same effect in conspiracies as in robberies. It is necessary to confine ourselves exclusively to the former class of offences, in order to appreciate its influence. There, as in other cases, it proposes for itself the double end which every punishment aims at: it would prevent the evil, in making the crime detestable and the chastisement terrible.

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I have just said that political crimes are of such a description that their moral perversity is more doubtful, more variable, and less generally recognised than that of private crimes; the punishment, therefore, whatever it may be, has a work here to perform which is spared it elsewhere. When some act of the kind is proclaimed to be criminal, men are not found, as in the case of murder or robbery, decided upon its character. Convictions must be changed, and a struggle entered into not only against passions, but against ideas; and as the question is to act upon those very men who would be inclined to commit what is thus proscribed, the difficulty becomes immense. In the present state of manners, the destitute, the vagabond, or the depraved, whatever be the unhappiness of their situation, or the vice of their inclinations, never believe that they are morally permitted to rob. Everything inculcates the interdict, and recalls it to them when they forget it; and the law finds very rarely, even in them, a belief directly opposed to right. Men carried to political offences, on the contrary, are enemies alike to the convictions and commands of the law; for the law affirms the established order to be good, while they think it bad; its continuance necessary, while they desire its fall; its existence sacred, while they demand its overthrow. No point of contact exists between these men and the law which addresses them; no common principle unites them; and to obtain obedience otherwise than through fear, the law must begin by making them believe it. Before obtaining this chief and powerful efficacy, which consists in fortifying the natural antipathy to crime, punishments are here encountered by an unaccustomed obstacle. They have not, in general, to do with beliefs; they are themselves a sanction to public belief, acting upon men who have transgressed while believing. How can the sanction of a principle produce its effect in a case where the principle does not exist! It may prove the strength of an enemy, but not the justice of its cause. Great questions recur everywhere. If Providence had imposed on human actions no other curb than fear of consequences--if men entirely abandoned to the counsel of their interest or the voice of their desires, were without those convictions which introduce order into the tumult of passion, and light into the uncertainties of life--chaos would soon invade the world, and the only means of maintaining order would be the sudden abasement of our nature by the absolute loss of its liberty. But man, by his moral convictions, binds and adapts himself to the will of Providence: he is in direct communication with it, comprehends the language of its laws, admits its principles, and submits himself to them freely; and notwithstanding the struggles which agitate him, notwithstanding his constant errors, there is no need of force to substitute slavery for obedience.

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What man would be in his relations with Providence if his moral principles were to fail him, men inclined to political offences pretty nearly are in their relations with power. They do not believe what it believes; they have no wish for what it wishes; they contest with it even the legitimacy of its existence. How must power act upon them? It has sense enough to understand that force alone will not suffice, that it has never had enough of this to exterminate or imprison any considerable portion of the society it governs. It must change its dispositions, and re-establish between it and them this community, if not of intentions, at least of beliefs, which gives law its true empire, arming it with the power to prevent a hundred crimes by punishing a single one, and raising its administrators to the rank of teachers of the people, whereas formerly they tried in vain to remain their jailers.

Of all the means which power employs for attaining this end, punishments assuredly are the least efficacious. Punishment supposes crime, and if the supposition is not admitted, the moral efficacy of the former disappears. When the man on whom the punishment is inflicted, and those who think with him, judge that he is unjustly smitten, in this case punishment has the effect of injustice: it irritates, confirms the hostile opinion, widens the breach between the law and its transgressors, and thus goes directly against a part of its own purpose. But if, on the contrary, the enemies of power admit that it is right in punishing them, if they see that it employs its force against them with reason, they can only have taken the part of considering themselves in a state of war. From that moment every social tie is broken; the question is no longer of laws or chastisements; plots are ambuscades, and punishments defeats. Government has lost its moral position: it has descended to an equality of force; everything is equal between it and its enemies: as it has the right of self-defence, they have the right of attack: the claim of obedience on one side, and justice on the other, are equally false. All this belongs to society, but society is dissolved: there is nothing now but war, with the liberty of its arms, the continuity of its dangers, and the uncertainty of its results.

Of all punishments, capital punishment is that whose employment precipitates parties and power most rapidly into this last situation: it brings war to mind by rousing violent animosities, and provoking vengeance. It is therefore the punishment which possesses least of all the kind of efficacy we are now in quest of. This efficacy, I repeat, has for its condition the reform of certain ideas: it will not bear its fruit till the men it addresses consent to consider those acts culpable from which it would dissuade them; at least they must have conceived doubts on the subject, and the notion of the legitimacy of power must have entered their minds. {274} It has often been attempted to introduce moral convictions by means of punishments, but when these have not succeeded in exterminating, they have always failed. It is said that moral convictions are not aimed at--that the struggle is only against vicious desires, inordinate wants, and criminal interests. But this is a mistake: for when the morality or immorality of an action is not evident, when there is room for the least uncertainty, then passions, interests, everything, hide themselves under opinions, and all resolve or metamorphose themselves into ideas. The most perverse and headstrong of men are disinclined to dispense with reason, and content themselves with brute force. They have ever a wish to legitimise in their own eyes even the least disinterested conduct; they carefully collect every motive, every pretext, and seize upon the slightest pretence; and what is more easy, after an unexpected overthrow, to form thus for themselves a creed which lends its support to hostility against power? Was there ever a true faction that was anything else than a union of banditti forced on by their own base interests, and accessible only to fear? The weakest government of our day might hold such a danger cheap; but punishments are desired to act in a very different sphere: to teach the citizens that it is culpable to conspire against established order, and deliver their country to the terrible chances of revolution. Be it known, however, that punishments have no power to propagate such ideas; they must already exist in the mind. It is weakness to suppose that they can be reaped when other causes have not yet sown them: this is attributing to punishments a power which they do not possess: they cannot make things be detested as criminal which are regarded as meritorious, nor can they demonstrate the moral legitimacy of power: they have no effect upon the established convictions of the people; and when these are hostile to authority, it is by other means than punishments that government can succeed in changing them, and when they will not change, punishments, instead of reforming, only strengthen their empire. Let us talk no more, then, of capital punishment preventing political crimes by inspiring a hatred of them: this really moral efficacy, however powerful against ordinary crimes, is here without reality; and the more vigorous parties become, and the more the perils of power increase, the less pretence can capital punishment make to such salutary influence. It is, then, both for government and the factious, only another step in antagonism, and for the public only another blow of destiny, fatal to the vanquished to-day, and perhaps to the conqueror to-morrow. Does it act more powerfully through fear? I have already shown that in this point of view, and by the sole difference of social position existing between conspirators and robbers, political crimes offer to the laws much less hold than private offences. But this is not the only cause which renders the terror of punishment less efficacious in political matters than is commonly supposed.

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Men are influenced by different motives; and there must be an agreement between them and the means used for control. Who does not know that he cannot speak to a man whom interest governs in the same manner as he would speak to him who is ruled by passion, or to a man who is possessed by passion as to him who is directed by an opinion or a duty? We study carefully, in the private relations of life, those various dispositions of mankind, and never think of addressing ourselves to feelings which have no existence. The legislator who acts upon the masses cannot arrive at this nice justice, this special fitness of things; but he need not commit the profound absurdity of directing the same means indifferently against dispositions the most different; and since he can avoid this, it is imperative upon him to do so, not only for the sake of justice, but for the sake of success.

Fear, for example, has more efficacy against interests than passions, and against passions than ideas: it is easier to prevent a poor man from stealing than an irritated man from seeking vengeance; and the angry man, in his turn, is more easily restrained than the fanatic who believes himself commanded to assassinate. Generally, when a man's governing principle is of a nature in some sort material, such as a purely personal interest, fear has much power: it opposes interest to interest, and all happens thus in the same sphere; for there is similitude and fitness in the impelling and opposing motive. As we approach the moral order, fear loses its virtue: it ceases to be in natural and direct relation with the impulses it would repress; it addresses them in a language not their own, gives them reasons they cannot admit, and thus falls short of the mark it aims at. But when we arrive at the purest and rarest of all motives, at the full and dominating convictions of our moral nature, fear remains without action upon the man thus placed above that world to which its power is confined.

And this is not a theory: it is a series of facts, regulated by Providence, which has willed that material and moral order shall remain distinct and profoundly different even in their union.

To which category do these causes of action belong which generally urge men to political offences? Here, also, the diversity is great; for I am far from believing that everything happens within the moral order, or even upon its confines. Among the causes which excite hostility to power are ideas, passions, and interests: here honourable sentiments or sincere beliefs, there frenzied desires or the most brutal selfishness. All these principles of action join, are confounded together, and form in their admixture a heterogeneous force, whose different elements cannot be combated by the same arms, nor be repressed by the same means.

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I do not say that the fear inspired by the spectacle, or the chance of capital punishment, is without efficacy to prevent the explosions of this confused force: but I do say that its efficacy is not of a simple nature; and that even if it finds in the adversary it combats points where it can strike with success, there will be others which it cannot reach, and where its rebound will produce a contrary effect to that contemplated by the penal law.

When Charles II., urged on by the Catholics, and by his own taste for absolute power, resorted to condemnations and punishments, the opposition included, as always happens, the most heterogeneous elements. The followers of the republic joined those of Cromwell; and the fanaticism of the Puritans did not refuse an alliance with men whose disgust of frequently-ridiculous controversies had rendered them indifferent to every religious belief. To men revolted by the license of the court were joined others influenced by the love of disorder, the melancholy fruit of revolutions; and the ambitious who sought after popularity, for the sake of wealth or power, stood side by side with sincere patriots, disinterested friends of their country's liberty: thus Lord Shaftesbury voted with Lord Russell. In the same party, in fine, met together the most noble sentiments and the most culpable passions, the most sincere beliefs and the most worldly interests, the highest virtue and the most shameful desires.

What must have been, what really was, the effect of political rigour upon a party thus composed? The court triumphed at first: for those who had joined the party from interest withdrew from it; the venal sold themselves; the timid sunk into silence; old republicans, in thus losing their illusions, believed liberty lost without retrieve; Monk corrupted or abandoned his former companions; and Shaftesbury fled to Holland. Fear reigned in all its glory. But at the same time that it struck the vulnerable portion of the party, it deeply and irreconcilably offended forces which it was not its business to attack. If cowards were afraid, brave men became indignant; and if fear brought over to the court some deserters from the popular party, it likewise confirmed the people in their aversion; causing the former to think themselves in error in having attacked power, and proving to the latter their right to do so. The reformers were alienated past return; the passions, kept in check perhaps among the great, grew furious in the rabble; the public mistrust became incurable; and all the friends of national liberty judged themselves in peril. As to the more ambitious of the party, Lord Russell and Sidney were the most unfortunate of the conspirators: they became martyrs for the people; and time soon showed that if fear had borne fruits favourable for power, it had likewise sowed some that were very bitter. {277} Such is, in a political matter, the inevitable condition of the indirect efficacy of punishment. It is not confined to the limits in which it can be of service; it does not restrict its operation to perils which it can combat with success; but in some cases causes the desired effect, and in others one which would rather have been avoided: its influence can neither be diverted nor even foreseen. It is a weapon of unknown power, which, thrown at random, may strike one required point, and at the same time in a hundred others excite new enemies and new dangers.

The want of reflection in men explains everything: but that power which, in order to destroy political factions, calls to its aid the fear of death, commits a strange mistake; for in employing this means, it knows not what it does. It should at least, before having recourse to it, consider what is the nature of the danger it fears, what the interior composition of the factions it combats, and what will be the effects, so variable and complicated, of the punishment of death. If the question was now of such enemies as in the thirteenth century were those of established governments; if political struggles carried physical disorder suddenly into society, and the gatherings of conspirators threatened always to turn into bands of robbers, then fear would be the true weapon. If even, in our day, we dealt with seditions engendered among the multitude, provoked by some brutal passion or some physical interest--by the most pressing, for instance, the most excusable of interests, famine--there, again, I could conceive the employment of the punishment of death. It might, indeed, be needlessly and odiously abused; but it would at least be used with a knowledge of its effects against an evil to which its fear might be properly applied. Parties now, however, are very differently constituted: they unite men of all conditions, rich and poor, idle and industrious, peaceable and disorderly, bound together by numerous and systematic relations. If conspiracies do not obtain entire success, and change the face of empires, they seldom advance so far as they attempt. We live in a society recently overturned, where legitimate and illegitimate interests, honourable and blameable sentiments, just and false ideas, are so mingled, that it is very difficult to strike hard without striking wrong. We are an ancient people entering into a new social order; the errors of inexperience are seen amidst the security of civilisation; all is obscure and confused, without being entirely disorderly or violent. In such a state of men and things, to believe in the efficacy of capital punishment against political danger, and to rely on the fear it inspires as a great means of government, is to mistake both the evil and the remedy, and to employ arms at once old and poisonous, which are no longer of use, and cannot be handled without danger.

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I find everywhere the same mistake; and it is by confounding times that means are misunderstood. In the former constitution of society, the moral efficacy of capital punishment was powerfully seconded by its direct and physical efficacy. When it fell upon the chief of an eminent party, known to all its members, and invested with immense power, his personal fall not only dissipated a great danger, but struck terror into the whole faction, and it was said on all hands--How has this man fallen? What! were not all his riches, his credit, his numerous followers, and his strong places, able to defend him? His adversaries are then much to be dreaded! How is it possible to escape their power? How strive against that which has destroyed such a man? Beyond the circle of political conflicts the same phenomenon is visible. The death of Cartouche or Mandrin will be a much greater example, and act much more powerfully upon robbers, than that of an obscure pickpocket. If you descend into the rabble, you will find the same relation between the moral and physical efficacy of punishments; for there the number of the victims makes up for their want of celebrity. Is it surprising that the population of a district should be paralysed with fear when they see their ranks thinned by chastisements, and encounter at every step the instruments or the ruins of this devastating power? Sepulture itself is refused to their remains, and the dead remain above ground to terrify the living.

At such a price is obtained that fear which in former times derived its terrible influence from capital punishment. If you try now to restore the vanished régime, you will not be able to fulfil the conditions; you will not be able to multiply political punishments so as to terrify by their number. A government aiming at such effects would find danger moving against it at the same pace as fear among the people. Society no longer furnishes those victims whose illustrious fall spread terror everywhere. You must act here and there against some obscure wretches, whose names are unheard, and who are known only by their misfortune. And how can you destroy such men? Not by the force of power: the conflict is too unequal. By its justice? Have a care: when interest is personal, and the superiority so immense, justice is very open to suspicion: if doubt is possible, you may count upon its becoming in many minds equivalent to a certainty. And what fear have you then inspired? Not the fear of force, but of iniquity; and a government, in my opinion, can gain nothing from the one without the other.

That, however, is the error which possesses those who, in our day, rely upon the punishment of death: they mistake the nature of the fear they spread, and believe themselves to have proved their strength when they have but made their justice or their wisdom doubtful. Strength is not so easily proved, nor always in the same manner. {279} Two governments have ruled France despotically--the Convention, which reigned by political punishments; and Bonaparte, who made little use of them, and even took pains to avoid them. Both, by different means, were powerful, and dreaded. But was the scaffold the only strength of the Convention? No rational man can believe it: it played its part, just like conflagrations, or falling houses, or ravaging banditti; but in all these the efforts are greater than the energy, and the Convention, consuming itself almost as quickly as its enemies, fell into the abyss from which it issued; for in vain is power great--the crime by which it triumphs destroys it in our day more rapidly than ever. Bonaparte was strong in his turn; but it was not by punishments that he proved his strength, and made it to be feared. He punished some conspiracies, suppressed others, and passed over many more; he even specially passed over those which proceeded from the party opposed to the Revolution. Invested with power by the need of order and justice, and in opposition to the anarchical tyranny of the Jacobins, already worn out, he comprehended well that he must invoke power from the same interests and sentiments which had just procured him the Empire. The need of order within and of victory without the Empire had made the 18th Brumaire, and Bonaparte reigned as he had risen--by order and victory; and when by his faults he had lost or compromised victory in Europe, and security in France, he fell, still full of life, but having ceased to be strong.

If I may use the figure, there is a star which bestows their strength upon governments, and which they are not at liberty to choose or renounce without danger. They are born and live with a nature of their own, but in a situation they have not made, and under conditions they cannot direct; and their skill consists in becoming acquainted with these, and adapting themselves to them. Thus are they powerful--one by war, another by peace; this by severity, and that by gentleness--according as the different means of government have affinity with the especial laws of their destiny. And if they misunderstand these laws, and mistake the means of the government which correspond with them; if they imagine they can attempt indifferently any path they choose, and set in motion such or such a spring according to their fancy; if they consider power as an arsenal of all sorts of arms, equally useful to all comers--then their star abandons them: they hesitate, waver, try in vain a thousand resources, which fail them successively, and feeling themselves growing weaker day by day, are foolishly astonished that a course of conduct which has succeeded so well with others does nothing but increase their embarrassments and perils.

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What was the star of the Restoration? Under what native laws was the present government placed? Where were its elements of power, and what means of action were fitted to its position and its nature? I would know this, in order to discover if capital punishment in political matters is really an arm for its use, and which preserves in its hands, both as regards its own interest and that of the people, a salutary efficacy. I cannot help the question becoming so extensive. I shall endeavour to keep within its bounds; but it is very necessary that I follow wherever it conducts me.