That if you hang on the public gallows the servant girl who stole a
dozen napkins from her mistress, she will be unable to add to the number
of your citizens a dozen children, whom you may be considered as
strangling in embryo with their parent; that there is no proportion
between a dozen napkins and human life; and, finally, that you really
encourage domestic theft, because no master will be so cruel as to get
his coachman hanged for stealing a few of his oats; but every master
would prosecute to obtain the infliction of a punishment which should be
simply proportioned to the offence:
That all judges and legislators are guilty of the death of all the
children which unfortunate, seduced women desert, expose, or even
strangle, from a similar weakness to that which gave them birth.
On this subject I shall without scruple relate what has just occurred in
the capital of a wise and powerful republic, which however, with all its
wisdom, has unhappily retained some barbarous laws from those old,
unsocial, and inhuman ages, called by some the ages of purity of
manners. Near this capital a new-born infant was found dead; a girl was
apprehended on suspicion of being the mother; she was shut up in a
dungeon; she was strictly interrogated; she replied that she could not
have been the mother of that child, as she was at the present time
pregnant. She was ordered to be visited by a certain number of what are
called (perfectly malapropos in the present instance) wise women--by a
commission of matrons. These poor imbecile creatures declared her not to
be with child, and that the appearance of pregnancy was occasioned by
improper retention. The unfortunate woman was threatened with the
torture; her mind became alarmed and terrified; she confessed that she
had killed her supposed child; she was capitally convicted; and during
the actual passing of her sentence was seized with the pains of
childbirth. Her judges were taught by this most impressive case not
lightly to pass sentences of death.
With respect to the numberless executions which weak fanatics have
inflicted upon other fanatics equally weak, I will say nothing more
about them; although it is impossible to say too much.
There are scarcely any highway robberies committed in Italy without
assassinations, because the punishment of death is equally awarded to
both crimes.
It cannot be doubted that M. de Beccaria, in his "Treatise on Crimes and
Punishments" has noticed this very important fact.
EXECUTIONER.
It may be thought that this word should not be permitted to degrade a
dictionary of arts and sciences; it has a connection however with
jurisprudence and history. Our great poets have not disdained frequently
to avail themselves of this word in tragedy: Clytemnestra, in Iphigenia,
calls Agamemnon the executioner of his daughter.
In comedy it is used with great gayety; Mercury in the "Amphitryon" (act
i. scene 2), says: "_Comment, bourreau! tu fais des cris_!"--"How,
hangman! thou bellowest!"
Public-domain text, read in full here on John Shaqi.
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