Part 19

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.

[2] There were grave differences between Denmark and Sweden, because Count d’Ahlefeld insisted, during the negotiation of a treaty between the two States, that the Danish king should be addressed as _rex Gothorum_, which apparently attributed to him supremacy over Gothland, a Swedish province; while the Swedes persisted in styling him _rex Gotorum_, a vague title, equivalent to the ancient name of Danish sovereigns,--King of the Goths. It is probably to this “h”--the cause not of a war, but of long and threatening negotiations--that Schumacker alluded.

[3] Certain chroniclers assert that in 1525 a bishop of Borglum made himself notorious by his depredations. He is said to have kept pirates in his pay, who infested the coast of Norway.

[4] According to popular superstition, Nistheim was the hell reserved for those who died of disease or old age.

[5] This forcible passage scarcely requires the explanation that in France a parricide has the right hand taken off, prior to execution, and all criminals about to be guillotined have their hair removed, lest the axe might be impeded, and cause extra suffering.

[6] The translator having a detestation of “slang idiom” in any language has declined the task of rendering this prison-song into English; not from any actual indecorum being in its clever though coarse composition, but from a doubt of any advantage to be obtained by familiarizing the reading public with the idiom of a Gaol, and which was doubtless invented for the concealment and furtherance of immoral or criminal purposes.

It has become a sort of fashion of the hour to descend from the utmost refinement of sentiment, or the most elevated speculation of philosophy, to grovel and almost revel in the phraseology hitherto confined to the obscure haunts of crime. In order to render justice to M. Victor Hugo’s versatile powers, his skilful imitation of a low ballad shall be given here, in the original, the translator only disliking to be the means of interrupting the refined illusion arising from the author’s elegant conception of the “Condemned.” The general meaning of the song is given afterwards in the text.

SONG OF THE YOUNG GIRL OF THE PRISON.

I.

C’est dans la rue du Mail, Lirlonfa malurette, Où j’ai été coltigé, Maluré, Par trois coquins du railles, lirlonfa malurette, Sur mes sique’ ont foncé, lirlonfa maluré.

II.

Ils m’ont mis la tartouve, lirlonfa malurette, Grand Meudon est aboulé, lirlonfa maluré; Dans mon trimin rencontre, lirlonfa malurette, Un peigre du quartier, lirlonfa maluré.

III.

Va-t’en dire à ma largue, lirlonfa malurette, Que je suis enfourraillé, lirlonfa maluré. Ma largue tout en colère, lirlonfa malurette, M’dit: Qu’ as-tu donc morfillé? lirlonfa maluré.

IV.

J’ai fait suer un chêne, lirlonfa malurette, Son auberg j’ai enganté, lirlonfa maluré. Son auberg et sa toquante, lirlonfa malurette, Et ses attach ’s de cés, lirlonfa maluré.

V.

Ma largu’ part pour Versailles, lirlonfa malurette, Aux pieds d’ sa Majesté, lirlonfa maluré. Elle lu fonce un babillard, lirlonfa malurette, Pour m’ fair’ defourrailler, lirlonfa maluré.

VI.

Ah! si j’en défourraille, lirlonfa malurette, Ma largue j’entiferai, lirlonfa maluré. J’li ferai porter fontange, lirlonfa malurette, Et souliers galuchés, lirlonfa maluré.

VII.

Mais grand dabe qui s’fâche lirlonfa malurette, Dit: par mon caloquet, lirlonfa maluré, J’li ferai danser une danse, lirlonfa malurette, Où il n’y a pas de plancher, lirlonfa maluré.

[7] The Ministers, who were afterwards imprisoned in the fortress of Ham.

[8] La Porte says twenty-two strokes, but Aubery says thirty-four. Monsieur de Chalais shrieked until the twentieth.

[9] The Parliament of Otaheite have just abolished capital punishment.