New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-07-01
CAPITAL PUNISHMENT.



against Capital Punishment on occasion OF
the execution Of criminal who resisted the
efforts Of the headsmen 10 drag him TO the
guillo,ine, and who was carried back to his
dungeon, bound hand and foos in order to be
dccap;tated, was lately prosecuted by the
French Government for having 50 lar out
ragged The law as to condemn 1t. Tn MS
trial, he was defended by his father, victor
Hugo, whose speech we translate IN fuii Tor
The Tribune. IL did not, however, save
the accused from a fine of 500 and SIX
moths Imprisonment.
The following is the speech
Gsn,le,o,v Of the Jarv--When. the Attorney
General first rose, Though: ior a monea- tnai ne
was about 10 abandon the prosecution, put was
coon undeceiyed After attempting IN vain 10
c;rcuDscrihe discussion, the Government mas
leen compelled by the very nature OF the supjec'
Ca admit IOpements which present every as
&C, M the question anew, and IN spite 81 ~
endaavors, the question IS now before Us III a'i
ne importance. OF this do not complain.
Iwill proceed Immediately TO the accusa'lon'
nm, IL, ms first come 70 an understanding as 10
,,,,e wo-d Gocidciinnions make goodd scusslons.
Resnect fer the law.--the phrase on which TINS
indictment is baeed,-what does itmcan How
"a, docs n reach What IS its true sense tvl-
IDENTIFY II cannot signify the prohibition DIAN com
nent on the laws, under the pfetense OF respect
The contrary to tins will not be maintained enew
by the Government e.,. .,,
,oo os ms. iaws-nothIng else. Il allows cri'l-
c,s,n allows censurc, nay sesere cens0Te,-We
i've EXAMPLES Of il every day, even m The case
az tho Constitution which IS superior 10 the laws.
I, ner,nits an appeal - the Legislative power Tor
the abolition OF q dangerous law ], permits the
resistance to law by moral force, but II does not
hermit resistance by physical violence
Let the law be executed, though u be bad, uu-
ms, oven barbarous, -denounce 1t before the
public. oenounce At before the Legislature, nut
lei If te execued--say that n - bad. say that y
- unmt, saw that II }. barOa rous. but lot NJ be-
executed. Criticism L allows, but not rebellion.
This - the true sense, The only sense OF the
phrase, Respect for tho law.
Otherwise, gentlemen beg yon 10 conslIer
that IN the operation Of celebrating the laws-an
operation comprising two iuactons. the i1nc-
lion OF the press winch cfl'lcise@, which conn
sells. which instmcts AMI the function OF the
legislator, which decides ~ TINS grave opera
non. say. the first function. cntcisln, would
oe uaraiyzed, and by reaction the econi. The
laws would cease no be criticised, and hence
there would be 40 reason Why ihcY should ever
be corrected or reformed. Tho Legislative As
sembly world become entirely useless nothing
woud remain bat 90 close tie doors. THIS, !
presume. Is not what * wanted.
Having settled this point, come 90 ,le man
question Gentlemen Of the Jury, there is, N
what We may call he old European Code, law
which for more than century al the fhioso-
Pliers al the thinkers, all the true states men
have wished to eface from tbe venerable volume
Of universal legislation law when beccaria
declared linpiOus and Franklin abOm'uable, and
vet neither BeccarIa nor Franklin was brou Bht
TO trial tor the assertion law which, press sag
most heavily on chat potonot the peOule which
is still plunged IN ignorance and wictcnedhcss'
rs odIous TO the democracy, nui wmcn - - less
fepulsye Ia intelligent conservatives a law ct
which klng Louis Phi.lppc-wbCm / would
never ment,on bot with the respect due TO old
are 10 misfortune and % a grave "a cAic-a
law Of which Louis Philippe sad, " nave de
tested It all my hie long LAW against winch
M dc BroclN has written, against which VI.
GullOt has written. a law Of which thc repeal
was dcmsnded by acclamailon IN 'hc Chamber
of Deputies, twenty years ago, m pci. lo5u' ana
which AZ the same date th' kali-saNage Farit'
men: of Otahoitc cXpungcd from MS code a law
which the Assembly of Frankfort abolished three
wears aco. and which the Constitution of 1913
maintained only with the most painful lu''cc SION
and the saddcst rcpuuancc LAW which, an
the very moment that am NOW speaking les
under two projects for repeal presented To The
Legislative Assembly 4 law. lH hne, which
Tuscany wishes no longer winch Russia WISHES
no longer. and which It j. tinc France should
wish no longer a law before which the au'nan
mind fccolls every day WIh a more distressing
ANXIETY. the law prescribing the penalty II death.
II is thls law, gentlemen, which nas caused ,ee
present trial It Is thus law whlch is or ad'er-
saN am SONY Ton the AuomCy-Goucgai. bat
perceive II behind INN
Will ayow that have believed for more than
twenty years. and have made the rcmarA ia pages
which could read 10 you, have believed with
NJ Leon Faucher who. IN 1886 wr0te m the
Res~s, a. PARIS " The scafoid no longer appears
VA oar public places EXCEPT as rare intervals, and
as a spectacle which Justice is ashamed 90 pre-
sent
have believed say, that the guliiotlne, II We
must call II 10y Us name, was beginning to Go
ustlce to is,lt. that it lei, Itself under re-
preach, and was conducting accordingly II had
lefi the Place de Grevc, m the i0i hgh, of day,
M the midst OF public resort II was no longer
proclaimed m the streets, nor announced a. a
spectacle Ii had withdrawn It's exhibitions 10
the most obscure quarter, The ta-ritrc ". Je}neS.
sinking away from the hghi, and avoiding The
presence OF every one. Il seemed 10 Iac that j.
had begun 10 conceal itself, and congratulated
II ON lts morstN.
But, gentlemen Vas deceived N Leon
Faucher was deceived The gnilonne he's re-
covered from ths false shame. IL feels thar d,
rs social Institution, touSc the phrase CT The
day And who knows Perhaps it evendgedms
also OF Us restoration
The harrisre 81 Jacques lslls defeat Perhaps we
shall vet see At restored To the Piaco-de-Grtve al
high noon, with throng OF spectators and Us
rctinue of eNecutlWicrs, gen-d'srmcS and pub
he orlors, 6ader the very windows OF the Hotel
dc Vile, tfom which one day, Feb. a. they had
the lnsooncc 10 insult and muuate A.
Meantime, the gmllotine - rciresscd Il finds
that our shattered social state has nec4 10 iortly
i,se, as u sstil sand, by aretGrn 10 ancient tyd
items and II Is itself an ancient tradition Ii pro
tests against The declamalory demaeOsueS called
Beccarla, Woo, Flanglerl. MonesQuieu, T0rgo,
Frankhn,--eailed Louis Philippe. Brogle and
Guizot -and who dare to assert thar machine