The southern press. [volume] (Washington [D.C.]) 1850-1852, 1851-07-24

capital k1matA~e4t- ep~4eh - vlseer No.,
n. Caties Hugo one Of the editors u ~
Eysssnk, daily journal ~ Psrn having ub.
, tlished M ln,pajsioaed aa&cle against ital
pHgishuNNt d occasion II the s4ecutio9&f 4
cgIninaI kho 1apistAd the Efforts OF the klpds.
men to drag him to the guiIlotine, and who was
carried bsck 70 his dungeon, bound hand and
foot in order TO be decapitated, was lately pros
ecuted by the French government for having 30
for outraged The law to condemn It. On bis
trial, he was defended by his farther, Victor
Hugo, whose speech | translate in full for the
Tribune. II did not, however, save the accused
from fine of 800 and six months imprson-
ment
The following is the speech:
Gentlemen OF the Jury when the attor-
ney general first rose | thought for moment
the he was about to abandon the prosecution
but was soon undece.ved. After attempting
in vain to circumscrbe discussion, tho govern-
ment has been compelled by the very nature
of the subject TO admit Developments which
present every aspect of the question anew, and
in spite of its endeavors, the question is now
before us in all its mportance. OF this do
not complain.
will proceed Immediately to the accusation,
but let us first come to an understanding as to
one word Good definitions make good dis
cussions. Respect for the law THE phrase on
which the indictment is based, what does it
mean! How fur does it reach? What is its
true sense! Evidently it cannot signify the
prohibition Of all comment on the laws, under
the pretence of respectable contrary to this
will not be maintained anew by the govern
ment.
The word simply means respect for the exc
cution of the laws nothing else. It allows
criticism, allows cersure nay severe censurc,--
We have examples Of it every day, even in the
case Of the constitution which 10 superior to
the laws. 1t permits an appeal to the Legislative
power for the abolition of a dangerous law il
permits the resistance to law by moral force
but it does not permit resistance by physical vio-
lence.
Let the law be executed, though it be bad, un.
| Just, even barbarous, --denounce it before the
public denounced it before the legislature, but let
it be executed that it is bad, say that it is
unjust say that it is barbarous, but let it be exc
cuted. Criticism it allows, but not rebellion.
This is the true sense of the phrase, " respect
for the law"
Otherwise, gentlemen, beg you to consider,
that in the operation Of celebrating the laws
an operation comprising two functions, the func
! ton of the press with crticizes, which coun-
sells, which instructs, and the function OF the
itgiSiuLOT, WHICH, utCidcS, III grave opeTd-
! ton, say, the first function, criticism, would
be paralyzed, and by reaction the second The
laws would cease to be criticized, and hence
there would be no reason why they should ever
be corrected or reformed. The Legislative as
sembly would become entirely useless rothing
would remain but to close the doors. This
presume, is not what is wanted
Having settled this point, ! come to the main
question Gentlemen Of the Jury, there is, in
what we may call the old European Code, law
which for more than century all the philoso-
piers, all the thinkers, all the true statesmen
have wished to efface from the venerable volume
of universal legislation; law which Beccaria
declared impious and franklin was brought to
trial for the assertion; u law which pressing
most heavily on that portion of the people which
is still plunged in ignorance and Indebtedness,
is odous to the democracy, but which is not less
rcpulsve to intelligent conservatives; law Of
which King Louis Philippe-whom would
never mention but with the respect due to old
age, to misfortune, and to the grave in exiIe--a
law of which Louis Philippe said II have de-
tested it all my life long, law against which
NJ de Brogle has written, against which M.
Guizot has written, a law of which the repeal
was demanded by reclamation in the Chamber
Of Deputies, twenty years ago. in Oct. 1880, and
which at the same date the half-savage para-
ment of Otaheite expunged from its code a law
which the assembly Of frankfort abolished three
years ago, and which the constitution of l848
maintained only with the most painful indcci-
sion and the saddest repugnance; law which,
at the very moment that am now speaking
lies under two projects for repeal presented to
| the Legislative assembly; a law, in fine, which
| Tuscany wishes no longer, which Russia wishes
no longer; law before which the human mind
recoils every day with more distressing anx-
iety,--the law prescribing the penalty of death
1t is this law, gentlemen, which has caused
the present trial it is this law which is our ad-
/ versary; ] am sorry for the attorney general
but perceive it behind him.
| will avow that have believed for more than
twenty years, and have made the remark in pages
which | could read to you, have believed with
| NJ. Leon Faucher, who, in 1885, wrote in the
Revue de Paris, "The scailold no longer appears
in our public places except at rare intervals, and
as spectacle which justice is ashamed to pre-
sent"
have believed say, that the guillotne. if
we must call it by its name, was beginning to
do justice to ITSELF that it felt itself under re-
proach. and was conducting accordingly 1t had
left the Place de Greve, in full light Of day, it
the midst Of public resort it was no longer pro-
claimed in the streets, nor announced as a spec
tacle. 1t had withdrawn its exhibitions to the
most obscure quarter, the barriere 81 .Jaques,
sinking away from the light, and avoiding the
presence Of every one. 1t seemed TO me that it
had begun to conceal ITSELF and congratulated
it on its modesty.
| But, gentlemen, | was deceived. NJ. Leon
Faucher was deceived The guillotine has re-
covered from its false shame. 1t feels that it is
a social institution, to the phrase of the day
And who knows! Perhaps it even dreams also
of its restoration.
The barrier St Jques is its defeat Perhaps
we shall yet see II restored to the Place-de-
Greve, at high noon, with throng of specta-
tors, and its retnue of executioners, gen.
de'armes and public criers under the very win
dows of the Hotel dc Vile, from which one day.
Feb. "a, they had the insolence to insult and
mutilate it.
Meantime, the gnilIotine is redressed. 1t
finds that our shattered social state has need to
g III