Star.
London, England, 1801-12-22 00:00:00

FRANGE.

LBOISLATIVE BODY, 26 FRIMADUR. (DSC. ILO
PRESIDENCY OF DARAILifO)I.
After a ,neffage from the Con.fuls that an Ma-
tor of Government would repair to the Legifittlet
Body to prefent the Projea of a Law, Rees,
Counfellor of State, entered, and having afcended
the tribune, prefented, in the name of Govern-
ment, the Project of a Law refpeaing the punifh-
mart pf death.
Legidators," raid he, the bet men, plg-
lofophers the greeted friends to humanity, have
been divided in their opinions in regard to the'
queffion, whether it is proper, and whether it is
poffible to abolith, in all cafes, the puniftiment of
death? Anil if, in our day, BeCCAltla has thought
that the punifhtntnt of death is in no cafe audio-.
rite() by any right,' and that, in the common tale
of fociety, it is neither neceffary nor %ireful ; the
Author of the Slairit of Law:, and the Author of
the Sotial Cava), have prosed, that every male
factor who attacks the foeia right, becomes, by his
crime, a rebel and a traitor to his country ; that,
by violating its rights, he ceafes to be a member o(
it ; that he even declares war againft it ; and that
when the criminal is put to death, it is more as an
enemy than as a citizen. The punifhtnent of death,
fays Moaresoptart, is then a kind of retaliation,
which makes fociety refute Safety to a Citizen who
deftroys, or who attempts to deftroy that of an-
other. This punifhment is derived from the na-
ture of the thing, from radon, and from the
fouices of good and evil. A Citizen, adds he, ,1
deferves death when he has violated fafety fo far 1
as to deprive, or attempt to deprive another of
it. . The toafequence of this doctrine was, that
it was neceffary to confine the application of this !
irreparable punifiunent to thole crimes alone which
by their nature required it. This queftion was
taken* up by the Conffituent Affembly, and lei
orators treated it as Statermen : they were of
opinion that they ought not to go beyond the ob-
jea pointed out by Moterasay tau and Rousseau;
they thought they could not refolve this grand
problem better than by making a reform in the
code iefpeaing crimes and ptiniffirnents. At the,
moronic when the Conftituent Affembly undertook
this reform, the punifhment of death, by the deft
of different laws not abrogated, was dealt **with
frightful prodigality. Simple facrilege was pa-
Milted by death. according to a law of July i 68s ;
faults committed by a public officer were liable to
the fame punifbment by an ordinance of rift
that of 1724 applied the puniffin3ent of death tb
the fabrication of falfe (lamps for marking works
Of gold and fdrer ; violating female chaftity was
punithed with death ; the punishment of death
was denounced againit fraudulent bankruptcy ;
fimple domellic theft was puniffied with death ;
• the cafe was the 'fame with robbery and houfe-
- breaking ; in a word, the i6oth article of the or-
donnance-of Blois condemned to death the grefier
who received beyond the.falary allowed by the
Lirif, any fun; even when voluntarily offered.—
, The Conftittient-Atiembly *Willed the punifh-
. sweat-of death for aft theCe crimes, as welt as for
many others, and fubftituted in all there cafes, and
. according to the heinoufnefs of the offence, the
punithments of feclution, confinement, or irons,
wifely graduated. Such was the Rate of things,
when after three years of a Diaatorthip, the re-
nambrabce of which will be eternized b? great
actions, gieat misfortunes, and fublinie inflitn-
lions, the Convention was defirmis of determin-
ing this grand trial, and pronouncing on a quef-
tion In delicate, and fo long controverted. This
was the laft aft of its left fitting; this was the
laft labour offered to it by the comrniffion which
had given to France a Conftitution ; and this
Convention, which in its &ft fitting had abo-
lilted Royalty in France, was defirous in its
lad, to abolith alto the punithment of death,—
It was certainly r.ot to much, the doarine and
writings of philofophers as the remembrance of re-
- cent fats and fears, unhappily 'too well founded,
that prepared this let deliberation. The punifh-
ment of deathbed become for this terrible conven-
tion a bottomlefs pit, which threatened to devour
a whole generation, and which it was neeetTary to
Thin, without delay, for ever. The punishment of
death was then abolifhed. What is worthy of re-
mark is, that this convention which eertainly was
ni.t accuftorned to be frightened by any obilacle,
which was even little nectiflomed to calculate the ,
effefta of refitlance, when it was in agitation to pro-
ceed from an adopted principle to feverer cook-
quencei ; this convention which freely acknow-
. !edged that the fear of feeing great misfortunes
renewed was one of the motives which reqpired
the law; this convention, however, oppofing the
remembrance of leas which haunted it, facrificing
the fear of flippored misfortunes to approaching
and imminent dangers, refilling the powerful in-
fluence of the commidion and reporter, adjourned,
. till the conclusion of Peace, the execution of the
grand principle it had decrecV. It is not the
report of this law that propoTes at prefent this Pro-
jeet r, this noble monument railed to humanity
by the Convention will continually fix the at-
tention of Government, and bring aback bap"
- pier times. Soon no doubt, this Republic, which
has difarmed and pacified the univerfe, will
canfign to their impotency that handful of bri-
gands, who in the interior diaurb its report.
Bow, no doubt, painful recolleaions will be ex-
tiuguiffied, and &clink hoper fo often deceived, will
be ever abandoned; loon labour and commerce
overcome hands, which lazinefs and the facility
of pillage have armed to commit crimes; and at'
the time time, that the mother of malefactor will
Is diplinifired : the Government may ere& bourn
of confinement and correEtion, the exiftence of
which the civil cede foppores ; Government will
prepare beyond the feas a place of tranfportation,
where nialefators may expiate their crimes to the
benefit of mankind, and rave their country the ne-
c..ffity of (bedding their blood. But till the ar-
rival of happier days, the preknt eircumflances
imperinufly require the. prolongation of the ad-
. journment decreed by the Convention itfelf. This
par,)ongation, as neceffary now as then, is com-
manded by Come es th 3 circumstances which fur-