I remembered the family of Sirven, who one of my friends met with among
the mountains covered with ice, as they were flying from the persecution
of a judge as ignorant as he was unjust. This judge (he told me) had
condemned an innocent family to death on a supposition, without the
least shadow of proof, that the father and mother, assisted by two of
their daughters, had cut the throat of the third, and drowned her
besides, for going to mass. I saw in judgments of this kind, at once an
excess of stupidity, of injustice, and of barbarity.
The Man of Forty Crowns joined with me in pitying human nature. I had in
my pocket the discourse of an attorney-general of Dauphiny, which turned
upon very important matters. I read to him the following passages:
"Certainly those must have been truly great men, who, at first, dared to
take upon themselves the office of governing their fellow creatures, and
to set their shoulders to the burthen of the public welfare; who, for
the sake of the good they meant to do to men, exposed themselves to
their ingratitude, and for the public repose renounced their own; who
made themselves, as one may say, middle-men between their
fellow-creatures and Providence, to compose for them, by artifice, a
happiness which Providence seems otherwise to have refused to them by
any other means.
"What magistrate, was ever so careless of his responsibilities and
duties to humanity as to entertain such ideas? Could he, in the solitude
of his closet, without shuddering with horror and pity, cast his eyes on
those papers, the unfortunate monuments of gilt or of innocence? Should
he not think he hears a plaintive voice and groans issue from those
fatal writings, and press him to decide the destiny of a subject, of a
husband, of a father, or of a whole family? What judge can be so
unmerciful (if he is charged with but one single process) as to pass in
cold blood before the door of a prison? Is it I (must he say to himself)
who detain in that execrable place my fellow-creature, perhaps my
countryman, one of humankind, in short? Is it I that confine him every
day,--that shut those execrable doors upon him? Perhaps despair will
have seized him. He sends up to heaven my name loaded with his curses;
and doubtless calls to witness against me that great Judge of the world,
who observes us, and will judge us both."
"Here a dreadful sight presents itself on a sudden to my eyes: The
judge, tired with interrogating bywords, has recourse to interrogation
by tortures. Impatient in his inquiries and researches, and perhaps
irritated at their inutility, he has brought to him torches, chains,
levers, and all those instruments invented for producing pain. An
executioner comes to interpose in the functions of the magistracy, and
terminates by violence a judicial interrogation.