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Hans of Iceland, Vol. 2 of 2; The Last Day of a Condemned

Chapter 27: DEDICATION.
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About This Book

A two-part volume pairs a romantic historical adventure of violent conflict, secret loyalties, and dramatic encounters set in a harsh northern landscape with a brief, intimate first-person meditation on the final days of a man condemned to die. The longer narrative traces insurgency, shifting allegiances, mistaken identities, and rescue attempts, blending action with moral dilemmas; the shorter work unfolds as numbered papers and a prefatory essay that examine fear, remorse, and a sustained critique of capital punishment. Together the pieces juxtapose sweeping, plot-driven episodes with concentrated, polemical reflection on justice and mortality.

Saladin. Bravo, Ibrahim! you are indeed the messenger of good fortune; I thank you for your joyful tidings.

The Mameluke. Well, is that all?

Saladin. What did you expect?

The Mameluke. Nothing more for the messenger of good fortune.

Lessing: Nathan the Wise.

PALE and worn, Count d’Ahlefeld strode up and down his apartment; in his hand he crushed a bundle of letters which he had just read, while he stamped his foot on the smooth marble floor and the gold-fringed rugs.

At the other end of the room, in an attitude of deep respect, stood Nychol Orugix in his infamous scarlet dress, felt hat in hand.

“You have done me good service, Musdœmon,” hissed the chancellor.

The hangman looked up timidly: “Is your Grace pleased?”

“What do you want here?” said the chancellor, turning upon him suddenly.

The hangman, proud that he had won a glance from the chancellor, smiled hopefully.

“What do I want, your Grace? The post of executioner at Copenhagen, if your Grace will deign to bestow so great a favor on me in return for the good news I have brought you.”

The poor mother was insane.

Photo-Etching.—From drawing by Démarest.

The chancellor called to the two halberdiers on guard at his door: “Seize this rascal; he annoys me by his impudence.”

The guards led away the amazed and confounded Nychol, who ventured one word more: “My lord—”

“You are no longer hangman for the province of Throndhjem; I deprive you of your office!” cried the chancellor, slamming the door.

The chancellor returned to his letters, angrily read and re-read them, maddened by his dishonor; for these were the letters which once passed between the countess and Musdœmon. This was Elphega’s handwriting. He found that Ulrica was not his daughter; that, it might be, the Frederic whom he mourned was not his son. The unhappy count was punished through that same pride which had caused all his crimes. He cared not now if vengeance evaded him; all his ambitious dreams vanished,—his past was blasted, his future dead. He had striven to destroy his enemies; he had only succeeded in losing his own reputation, his adviser, and even his marital and paternal rights.

But he must see once more the wretched woman who had betrayed him. He hastily crossed the spacious apartment, shaking the letters in his hand as if they were a thunderbolt. He threw open the door of Elphega’s room; he entered—

The guilty wife had just unexpectedly learned from Colonel Vœthaün of her son Frederic’s fearful death. The poor mother was insane.

CONCLUSION.

What I said in jest, you took seriously.—Old Spanish Romance (King Alfonso to Bernard).

FOR a fortnight the events which we have just related formed the sole topic of conversation in the town and province of Throndhjem, judged from the various standpoints of the various speakers. The people of the town, who had waited in vain to see seven successive executions, began to despair of ever having that pleasure; and purblind old women declared that, on the night of the lamentable fire at the barracks, they had seen Hans of Iceland fly up in the flames, laughing amid the blaze, as he dashed the burning roof of the building upon the Munkholm musketeers; when, after an absence which to his Ethel seemed an age, Ordener returned to the Lion of Schleswig tower, accompanied by General Levin de Knud and Chaplain Athanasius Munder.

Schumacker was walking in the garden, leaning on his daughter. The young couple found it hard not to rush into each other’s arms; but they were forced to be content with a look. Schumacker affectionately grasped Ordener’s hand, and greeted the two strangers in a friendly manner.

“Young man,” said the aged captive, “may Heaven bless your return!”

“Sir,” replied Ordener, “I have just arrived. Having seen my father at Bergen, I would now embrace my father at Munkholm.”

“What do you mean?” asked the old man, in great surprise.

“That you must give me your daughter, noble sir.”

“My daughter!” exclaimed the prisoner, turning to the confused and blushing Ethel.

“Yes, my lord, I love your Ethel. I have devoted my life to her; she is mine.”

Schumacker’s face clouded: “You are a brave and noble youth, my son. Although your father has done me much harm, I forgive him for your sake; and I should be glad to sanction this marriage. But there is an obstacle—”

“What is it, sir?” asked Ordener, anxiously.

“You love my daughter; but are you sure that she loves you?”

The two lovers cast at each other a rapid glance of mute amazement.

“Yes,” continued the father. “I am sorry; for I love you, and would gladly call you son. But my daughter would never consent. She has recently confessed her aversion for you, and since your departure she is silent whenever I speak of you, and seems to avoid all thought of you as if you were odious to her. You must give up your love for her, Ordener. Never fear; love may be cured as well as hatred.”

“My lord!” exclaimed the astonished Ordener.

“Father!” cried Ethel, clasping her hands.

“Do not be alarmed, my daughter,” interrupted the old man; “I approve of this marriage, but you do not. I will never force your inclinations, Ethel. This last fortnight has wrought a great change in me; you are free to choose for yourself.”

Athanasius Munder smiled. “She is not,” he said.

“You are mistaken, dear father,” added Ethel, taking courage; “I do not hate Ordener.”

“What!” cried her father.

“I am—” resumed Ethel. She hesitated.

Ordener knelt at the old man’s feet.

“She is my wife, father! Forgive me as my other father has forgiven me, and bless your children.”

Schumacker, surprised in his turn, blessed the young couple.

“I have cursed so many people in my lifetime,” said he, “that I now seize every opportunity for blessing. But explain.”

All was made clear to him. He wept with emotion, gratitude, and love.

“I thought myself wise; I am old, and I did not understand the heart of a young girl!”

“And so I am Mrs. Ordener Guldenlew!” said Ethel, with child-like delight.

“Ordener Guldenlew,” rejoined old Schumacker, “you are a better man than I, for in the day of my prosperity I would never have stooped to wed the penniless and disgraced daughter of an unfortunate prisoner.”

The general took the old man’s hand, and offered him a roll of parchment, saying: “Do not speak thus, Count. Here are your titles, which the king long since sent you by Dispolsen; his Majesty now adds a free pardon. Such is the dowry of your daughter, Countess Danneskiold.”

“Pardon! freedom!” repeated the enraptured Ethel.

“Countess Danneskiold!” added her father.

“Yes, Count,” continued the general; “your honors and estates are restored.”

“To whom do I owe all this?” asked the happy Schumacker.

“To General Levin de Knud,” answered Ordener.

“Levin de Knud! Did I not tell you, Governor, that Levin de Knud was the best of men? But why did he not bring me the good news himself? Where is he?”

Ordener pointed in surprise to the smiling, weeping general: “Here!”

The recognition of the two who had been comrades in the days of their youth and power was a touching one. Schumacker’s heart swelled. His acquaintance with Hans had destroyed his hatred of men; his acquaintance with Ordener and Levin taught him to love them.

The gloomy wedding in the cell was soon celebrated by brilliant festivities. Life smiled upon the young couple who had smiled at death. Count d’Ahlefeld saw that they were happy; this was his most cruel punishment.

Athanasius Munder shared their joy. He obtained the pardon of his twelve convicts, and Ordener added that of his former companions in misfortune, Jonas and Norbith, who returned, free and happy, to inform the appeased miners that the king released them from the protectorate.

Schumacker did not long enjoy the union of Ethel and Ordener. Liberty and happiness were too much for him; he went to enjoy a different happiness and a different freedom. He died that same year, 1699, his children accepting this blow as a warning that there is no perfect bliss in this world. He was buried in Veer Church, upon an estate in Jutland belonging to his son-in-law, and his tomb preserves all the titles of which captivity deprived him. From the marriage of Ordener and Ethel sprang the race of the counts of Danneskiold.

THE END.


THE

LAST DAY OF A CONDEMNED.

FROM THE FRENCH OF

M. VICTOR HUGO.

WITH OBSERVATIONS

ON

CAPITAL PUNISHMENT,

BY

SIR P. HESKETH FLEETWOOD.

BART., M.P.

DEDICATION.

TO

THE QUEEN’S MOST GRACIOUS MAJESTY.

Madam,—The personal favour which your Majesty has been so graciously pleased to confer on me, in allowing the present dedication,—thus implying a confidence in the probable nature of the work,—will not, I trust, be found to have been misused by me, should your Majesty hereafter honour the volume by perusal. In thus being the medium through which the pleadings of a class of society, so far removed from the sympathy of mankind, approach the throne of your Majesty, may I be permitted to take this opportunity of expressing what is responded to by every feeling heart in your Majesty’s dominions,—a respectful appreciation of the mildness and clemency which have pervaded the administration of the laws during the present merciful reign.

With sincere prayers for the happiness of your Majesty,

I have the honour to be, Madam,
Your Majesty’s
Most humble and faithful
Servant and subject,
P. Hesketh Fleetwood.

Rossall Hall, Lancashire.

PREFACE.

“To be, or not to be—that is the question.”

THAT is indeed the question we are about to consider,—BEING or DEATH; a short sentence, but of unequalled importance. Yet how little does the demise of a fellow-man dwell on the human mind, unless the ties of kindred, or any peculiarity of circumstance by which the event may happen to be encircled, impart to it adventitious interest.

A newspaper paragraph entitled “Awful and sudden death” may for a moment arrest our attention; but it is the “awful and sudden,” not the actual transit, which attracts the fancy. Perchance, also, it may be printed in rather a larger type than the adjoining paragraph, or we may expect to find some exciting detail of the facts of the case; but the awful Reality, the earthly ending of the being, immortal though it is to be, elicits little sympathy, and the wearied eye turns to some other news.

The dying speech of the malefactor arrests our attention; the dead speaker of it is unregarded as a lump of clay. Who that amidst the excitement of a crowded court of justice has turned his thoughts within himself, and divesting the scene of all the panoply of pomp which surrounds him, has reflected on the moral effect to be the result of the sentence of death if executed, but has felt his sympathy rather awakened in favour of the culprit, and confessed to himself how inefficient the gibbet is when viewed (according to its intended purpose) as the roadside guidepost, by which other earthly travellers, who might be disposed to stray, should be warned of a pathway to be avoided.

Alas! the body on the gibbet is but like the scarecrow in the field of grain,—little heeded by its brethren in plumage, scarcely noticed by aught save the vacant gape of curiosity; it dangles for a time, and is remembered no more!

But let us take a more serious view of the question,—one which commands our deepest respect and our gravest veneration. Let us consider the question of the assumed right to take human life on the warranty, or, as is sometimes said, on the express command of Scripture.

It has been often urged that it is expressly commanded in the Old Testament that “he who sheddeth man’s blood, by man shall his blood be shed;” and, consequently, that the punishment of death for murder is sanctioned by the high and holy God who inhabiteth eternity.

How cautious should we be, to ascertain that no fallacy exists in this our opinion! I grant that, according to our translation, the above isolated text, if taken alone, may be so construed; but what are the acts of the Creator recorded as following upon this text? What was his first judgment on the first of murderers, Cain? Not only did he not inflict death, but by a special providence protected him from its infliction by his fellow-man. Behold again the case of David, guilty of at least imagining the death of Uriah. Was David struck dead for the crime?

Whatever an isolated chapter (much less, then, a single verse) may amount to of itself, if we take the context of the same part of Genesis and behold the first murderer even especially guarded, by God’s mark, from the effect of “every man’s hand being against him;” and again if we search the New Testament, where we find no passage, under the new dispensation, that can be construed to call for the infliction of death for murder,—from these results I submit that the question must be left solely to mundane argument, to stand or fall by its own efficacy as a preventive of murder, and that the isolated phrase of Scripture should not be construed into a command as to what ought to be done, but rather as the probable result of human revenge, a feeling at variance with God’s holy ordinance; for we read, “Vengeance is mine, saith the Lord,”—expressly and clearly withholding the power over human life from mere mortal judgment.

Let me here give a short extract from the “Morning Herald,”—a paper which has always so consistently and ably advocated the sacredness of human life:—

“On the motion of Mr. Ewart, some important returns connected with the subject of CAPITAL PUNISHMENTS have been made to the House of Commons, and ordered to be printed.

First Class.—A return of the number of persons sentenced to death for MURDER in the year 1834, whose punishment was commuted,—specifying the counties in which their crimes occurred, and stating the number of commitments for murder in the same counties during the same year and in the following year, together with the increase or diminution of commitments for murder in the same counties in the year following the commutation of the sentences; similar returns for 1835, 1836, 1837, and 1838.

Second Class.—A return of the number of EXECUTIONS which took place in England and Wales during the three years ending the 31st day of December, 1836, and also during the three years ending the 31st day of December, 1839, together with the number of commitments in each of those periods respectively for offences capital, on the 2d day of January, 1834. Also, the total number of convictions for the same offences, together with the centesimal proportions of convictions to commitments in each of those periods respectively.

“The facts set forth upon the face of these returns furnish very strong evidence, indeed, to prove the utter inutility of CAPITAL PUNISHMENTS as a means of preventing or repressing crime.

“What are the facts?

“We find that in one county (Stafford) in the year 1834 the sentence of one convict for murder was commuted. In that year the commitments for murder were six, and in the following year the commitments for that crime were also six. Thus the commutation of the sentence in that instance was followed by neither a diminution nor an increase of commitments for murder.

“It is sufficient for the argument of the advocates of abolition of capital punishment to show that the suppression of the barbarous exhibitions of the scaffold would not necessarily cause an increase of heinous offences; for if the amount of crime were to remain the same under laws non-capital as under those which are capital, to prefer the latter to the former would evince a passion for the wanton and unavailing destruction of human life, unspeakably disgraceful to the Government or Legislature of any civilized country.

“In Derbyshire, in the year 1835, we find a similar result following a commutation of sentence for murder to that which followed a similar commutation in the county of Stafford in the preceding year; namely, the same number of commitments for murder in the year following the commutation as in that in which it occurred,—being two in each; thus, also, in this instance, there was neither increase nor diminution of the crime of murder in the year following that of the commutation, judging from the number of commitments.

“In Warwickshire, in the year 1835, the sentence of a convict for murder was commuted, the number of commitments for the crime in that year being five, whereas in the year following there was but one commitment. In this instance, then, we have not only no increase of the crime of murder, but an actual diminution amounting to four.

“In Westmoreland, in the year 1835, there was one commutation; and the commitments in the year following showed neither an increase nor diminution, being two in each.

“In Cheshire, in the year 1836, the sentences of two convicts for murder were commuted, the commitments for the crime in that year being two; the commitments for the year following were also two, showing neither an increase nor diminution.

“Here we have an instance where the sentences of all convicted were commuted, and no increase of the crime followed.

“In Devonshire, in the year 1836, there was one commutation of sentence for murder, the commitments being four. In the year following there were no commitments, making a decrease of four.

“In Lancashire, in the year 1836, the sentences of four convicts for murder were commuted, the number of commitments in the same year being seven. In the year following the number of commitments was one, making a decrease of six.

“In the county of Norfolk, in the year 1836, the sentences of five convicts for murder were commuted, the number of commitments for the same year being eight. In the following year the number of commitments for murder were but five, giving a decrease of three.

“In the counties of Norfolk, Nottingham, and Stafford, in the year 1837, there was one commutation of the sentence of murder for each respectively. The result was a fall in the committals of the following year from five to two in the first county,—giving a decrease of three; in the second county a fall from one to none; in the third county neither an increase nor diminution,—the number of committals having been three in each year.

“In the counties of Lincoln, Stafford, and Denbigh, in the year 1838, there was respectively one commutation of the sentence for murder. The result was that in the following year the commitments fell from two to one in the first county, from three to one in the second, and from one to none in the third, thus giving respectively a decrease of one-half, two-thirds, and of the whole. The last is more correctly called an extinction than a decrease.

“In Cheshire, Middlesex, Somersetshire, and Surrey, in the year 1838, there were, respectively, two commutations of the sentence for murder. The result was that in the first county the commitments, as between that year and the year following, fell from two to one; in the second county they fell from seven to three; in the third, from three to one; and in the fourth, from three to two; thus giving a diminution, respectively, of one-half, four-sevenths, two-thirds, and one-third.

“In Kent, in the year 1838, the sentences of nine convicts for murder were commuted, the commitments for that crime in the same year being seventeen. In the following year the commitments for murder were only two, showing a decrease of fifteen. In this last case, however, we cannot in fairness press the argument in favour of the salutary effect of discontinuing capital punishments to the extent that the arithmetical table would show. That year, if we recollect right, was the year of the extraordinary outbreak headed by the madman Courtenay or Thom. That event swelled the commitments for murder to an unprecedented height. The fall in the commitments from seventeen, in that year, to two in the year following, is not a fall under equal circumstances, and it would be illogical to make it an argument for more than this: that society received no detriment because the deluded followers of the frantic Courtenay were sent to a penal settlement, instead of being strangled on the scaffold.

“Looking to the table of EXECUTIONS, we find that in the three years ending the 31st of December, 1836, the number executed was 85, while during the three years ending the 31st of December, 1839, the number was only twenty-five. The commitments in the former period were 3,104, in the latter 2,989, showing a decrease, though a small one, in the number of commitments, while there is exhibited an increase in the number of convictions; namely, from 1,536 to 1,788, showing the centesimal proportion of convictions to commitments in the two periods, to be represented by the figures 49·48 and 59·48 respectively.

“These returns, as far as they go, are highly satisfactory as the testimony of experience to the safe policy of ABOLISHING CAPITAL PUNISHMENTS ALTOGETHER, and thus getting rid of the barbarous and brutalizing exhibitions of cold-blooded cruelty and deliberate slaughter which they present to the people.”

Morning Herald, 1840.

From this statement of facts, and indeed from all that has taken place regarding crimes where capital punishment has been remitted, there can be little doubt that it is inexpedient; there can be none that it is unnecessary. But if any still persist that the Divine sanction is given by “He who sheddeth man’s blood, by man shall his blood be shed,” then the tyrant who engages in a war of aggression, the general who sanctions one effective shot being fired, should alike bear the penalty with the midnight assassin. Nay, does not the man who accidentally “sheds the blood” of him who is “made in the likeness of God,” literally come within the pale of the command, if command it be?

The Chinese but seek to carry out this principle: they merely say, and with juster pretension to consistency, “we cannot remit it; there must be blood for blood.”

Yet we would dispute their right to have always blood for blood; why then may we not question the right ever to have blood shed, under Bible sanction at least? God makes no mention of motives or comparative reasonings as to guilt; in this His supposed command there is no discretionary option to soften its asserted force. By whatever means or under whatever circumstances one man kills another, blood is shed; and if blood for blood should hold good, then under this reasoning the slayer must die. If it be argued, that wilful shedding of blood is meant, I point to the words of the text; they refer to “life for life,” they give no exceptions: “Who then, oh man! made thee a judge to tell the signs of the times?”

Once grant an exception to execution, once admit the doctrine of reprieve, and the authority, as a command, in the Bible ceases altogether.

Those who argue in favour of executions say, “But as an earthly punishment, we may hang;” may, indeed! There are fifty things we may do that are better avoided. Why need we hang, when other punishments will suffice, and have been proved to have succeeded in other cases? A very few years back, and the advances we have recently made in the civilization of our laws would have been scouted as equally Utopian, as is now considered the attempt to abolish the punishment of death altogether. Let us reflect too that in a case of murder, the prisoner (from a feeling which imperceptibly affects the minds of all) is looked on with a degree of suspicious anxiety to convict that almost watches to make out a case against him sufficient to condemn. The very fact of his being put on his trial for murder prejudges him in our eyes; and a slight variation in reporting a conversation has marvellously increased many a poor man’s danger of the gallows.

There is no recalling the erroneously condemned from the grave; a wrong judgment cannot there be reversed! Let us bear in mind, also, that the wisest judges may sometimes decide wrongfully. They were considered by myself and others to have erred in respect to the privileges of the House of Commons; why might they not commit a similar error in the case of a prisoner?

But enough; let errors in judgment speak for themselves. They contain matter for deep reflection and self-examination for us all.

If the average number of executions be reduced, even by one, I shall have the satisfaction of feeling at least that I have been an humble labourer in the great cause of mercy, which could not have a more zealous advocate, though it may have many more powerful and successful supporters.

Happy are we if, in all we do during the course of our career, we have not to answer for one death; for the bitter word, the cruel neglect, the light injurious observation, may be the cause of death, as well as the bludgeon or the steel.

I would here desire to make a few observations as to the medium through which I have introduced to the public my opinions in favour of the abolition of Capital Punishment, and the advantages to the cause obtained from its appearing in the form of a translation, the reflections being those of a foreigner who looked not to England when he penned his work. In all this there is a beneficial distraction of ideas created, for we look, as it were, at a foreign scene when we read the interesting paper of the narrative,—the sentiments conveyed, the idioms transcribed, are foreign, and the reader appropriates alone the portion he feels is applicable to the circumstances of his own country; in fact, he examines the context, not as he would an original treatise, but as one who would apply the problems found advantageous in one region to another. He cavils not at words or similes; his criticism is reserved for the object at which the translator aims,—no matter even if the phraseology be too flowery, the expressions too strong. There may be strange similes, strained amplifications; he studies but a translation, and cares comparatively little for them. True, he may have some curiosity awakened as to what the original author was in feeling and ideas; but these thoughts are light and evanescent compared with the anxiety, or more properly the curiosity, he has to ascertain what could be the translator’s ideas in thus “wasting the midnight oil” by reducing into the phraseology of his vernacular (English) tongue, the varied thoughts, the acute observations, the (to English ears) novel ideas of that clever, eccentric, single-minded writer, Victor Hugo. “What was the aim of the copyist?” methinks I hear repeated by many; and as my object is one of serious importance to the realities of life, and to arrest the attention of the reader beyond the mere passing hour, I reply: The object for which I plead is the priceless value of human life. Well and truly may the reading public,—and happy for this my dear native land is it that its public is a reading one,—well may this public exclaim, “Who is he, or what his view, who has thus dared to scatter these additional leaves on the pathway of a nation’s thoughts? Why has he done so, what motives urged him, what end did he seek?”

Such are the surmises that may flit across the reader’s brain, and the translator humbly hopes that the lightning scowl, or the thunder of maledictive criticism, will be directed alone against the oaken plank of a hundred years’ growth, and that this his nautilus bark will feel no breeze beyond the aura populi. Probably to the English public many of the observations in this translation will be original. Haply to the gay and frivolous the thoughts may appear exaggerated; but, alas! with too many they will come home to the heart. Numbers there are, who, steeped in misery before they were steeped in crime, had as little inclination to sin as their more fortunate fellow-men, but whose first transgressions were the offsprings of their misery, the necessitous urgings of their poverty. Yes, gentle reader,—for among the fair and young I hope to have many readers; readers whose hearts yet know how to feel,—ye would I address, and exclaim, for the startling fact is but too true, that though,—

“we who in lavish lap have rolled
And every year with new delight have told;
We who recumbent on the lacquered barge
Have dropped down life’s gay stream of pleasant marge;
We may extol life’s calm untroubled sea,”

well may the miserable, the guilty answer,—

“The storms of misery never burst on thee.”

You never felt poverty. You never were comparatively tempted to crime.” “A noble,” say they, and truly, “a noble is tried, is judged by his peers, as being those who alone are considered to know, to be able to appreciate his case. Let poverty have her peers also.” “My poverty and not my will consented” is a phrase to which too little consideration is given when we discuss the question of crime and punishment; for though poverty cannot be pleaded by the criminal in justification of his offence (nor should such justification be permitted in the legal view), Society, whose interests are represented by the tribunal which adjudges, should be careful that any circumstances or defects in its conformation which may have had a tendency even to induce the criminality of the culprit, should go in mitigation of his punishment. It would be a startling observation in the present day, and one for which Society is not yet prepared, to hear the assertion made that punishment for crime is more often unjust than just; but after much reflection on the origin of crime, humanly speaking, I am constrained to come to this conclusion: that the criminality of individuals is more frequently traceable to the evils incidental to an imperfect social system than to the greater propensity towards crime, as affecting others, that exists in the heart of one person if compared with another. Had the judge or the prosecutor entered life under the same circumstances as the prisoner, been early initiated into the same habits, been taught to view society through the same distorted glass, and had their feelings blunted by the same cold blasts of adversity, who shall say what their respective positions might have been?

In the phrase “My poverty but not my will consented,” let me not be understood to speak of poverty merely in the light of want of money; that is a very narrow view, and very confined as to what forms the real pains of poverty. Poverty is the want of means, intellectual and moral as well as pecuniary, to feed the being who is placed on the area of the world; with mind active as well as body, sustenance is necessary to its existence. If the poor man cannot obtain bread, he takes to gin to assuage cravings of the stomach. No less, if the mind cannot obtain light to guide it in the onward path, the visual organs become habituated to the dark and murky gloom of almost darkness; and through these confused gleamings, no wonder if the being fall into the pits and whirlpools which beset with danger the pathway of man, even when blessed with the clear light of day; how much more, therefore, when he has not light to discern good from evil, nor an intellectual poor-law to supply him with food, when a beggar by the way-side of knowledge! How strange it is that we can incarcerate the bodies of the poor because they are poor, objecting to let them be dependent on casual charity for bodily sustenance, and yet cannot be equally strict in legislating for the mind.

Surely if, as members of one common society, we contend it is necessary for the well-being of the community at large that each person should be provided with work to enable him to procure food, and that if persons be unable to obtain work, or purchase food, then that the State shall provide for them,—should we not equally be provident for the mental as well as we are for the corporeal wants of those who hold a less fortunate position in the scale of society; more particularly when we reflect on the effect mind has on matter, and that did we sufficiently provide for the former, each individual would probably find little difficulty in procuring a supply for his bodily wants.

The poverty of the mind, if relieved, will probably be a permanent good; whereas bodily relief is at best but temporary. How vast, too, is the effect of knowledge, on the creation of food. Knowledge teaches industry; knowledge and industry multiply an hundred fold the product of labour. Comfort and security are thus increased; idleness, and consequently crime, is diminished,—for a man of information is seldom idle, and one surrounded with comforts is rarely inclined to commit crimes against society.

Would not, therefore, the effects resulting from education be the best preventative of crime?—and, if so, heavy indeed is the responsibility of every man who puts an impediment in the way of a nation’s enlightenment. Circumstanced as Great Britain now is, internally speaking, with her countless millions congregated or hived in large towns, ready to follow any leader of more daring or greater knowledge than themselves, comparatively indifferent as to the means for compassing any much desired end,—though actuated by no wish to work ill to others, even when excited beyond the unmanageableness of irrational physical force,—there is much to be feared from the effects of any combustion which might suddenly inflame a people thus charged to the full with every ingredient requisite for scenes of violence, whilst at the same time, through a strong line of prescribed demarcation, separated from the privileged classes; and it cannot but be mainly by the controlling power of knowledge that we can expect to see the masses endeavouring to be satisfied with their lot in life. Thus it is, as I have before asserted, that the poverty of opportunity for information, and consequently acquirement of knowledge, originates much of the present state of crime. Oh, that I could distinctly see my way through the halo which as yet obscures that glorious day, when ignorance shall be deplored as much as shame! With what satisfaction would the statesman then die and bequeath his country to the care of, not the fate of accident, as now, but the masses of its own population. Methinks the gleam which harbingers this bright morning, already, though faintly, begins to tinge the horizon, under the happy auspices of our beloved Queen; and to the credit of the liberal advisers of Her Majesty, a more liberal arrangement of schools has been established,—though it probably remains for ages yet unborn to develope fully the blessings of such a system. Well worthy, aye, brighter than a diadem of a thousand stars, is the advancement of a nation’s happiness. May such thoughts have our beloved Queen’s deep and considerate attention; and as her noble mind traces, on an ideal map, the future destinies of her people, and turns to times when another generation, with its train of guilt or happiness, shall arise, may she anticipate in time the benefits which will flow from a system of general education!

But if these things be now lightly accounted, the time may arrive when population shall be yet more dense, and the strong arm of numbers become yet more strong; for if no countervailing power intervene, force and numbers must prevail at last, and there must come a time when it will alone depend upon the respective powers of intellect or animal force being dominant, whether confidence in our stability shall be shaken, capital cease to be here expended, and commerce leave our shores,—whether, in fact, brute force or reason become the recognized sovereign of the people; whether the influence of intellect has been fostered, and nobler thoughts and more refined pleasures become the pastime of this great nation. Then, but not till then, will crime hide her head, and the race no longer be to the swift or the battle to the strong: a calm and steady breeze will temper the course of the swift to wrath, or the powerfully scientific lever of knowledge uproot violence out of the councils of the nation; for they will then appreciate law, knowing it is peculiarly the palladium of the defenceless, and confident in the strength of their cause, they will cast off the trammels of tradition, form unions of information, not restriction; and when the various classes of society shall have learned to know that each has his proper duties, each his proper limits, each is equally necessary to each, whose strength is a combination of the whole,—like the arch, sure to drop to pieces if the key-stone were removed.

Oh, how the heart bleeds to reflect on the pains which are taken to render efficient the laws for punishing crime, and the little care to fortify the minds of the people to resist the first impress of crime. Train up the child in the way he should go, and he will not depart therefrom. If, therefore, we train it not up, it never has wherefrom to depart, but is cast forth, like a helmless, pilotless bark, on the waters of life; strange if it founder not, or at least if it become not damaged by striking on some of the shoals by which it is beset on every side. We talk of “penal laws” or a “penal settlement” as though the aim and intention of laws were to be penal, instead of being as they most decidedly are, or ought to be, sanitary. Wherefore do we, as we term it, punish, but to cure an evil which hurts and pains society? Just so we cauterize a wound, in order to heal the body, not for the sake of giving pain to the affected limb.

The very fact of the common acceptation of the word penal, as applied to our criminal system, is of itself a strong proof of the misunderstanding on which that system is founded, and on which we legislate. If we arrogate to ourselves a right to judge men for their criminality, instead of urging our only legitimate excuse for punishing, namely, “the giving over the offending member to that course of discipline we deem most likely to restrain a similar disposition to delinquency in another member of the frame-work of society,” let us at least carry out this principle to the full extent; and then the man who cheats his neighbour of money by availing himself of his ignorance, and leads him to make an improvident bargain, will be deemed as guilty in the eye of the law as he who, throwing him off his guard, surreptitiously conveys his hand into the other’s pocket.

But it is really absurd to talk of laws being framed to punish sin. It is to restrain others, as well as the culprit himself, from similar offences that pains and penalties are inflicted. If they fail of this end they become themselves improper; if the same end can be attained by a mild as by a severe sentence, the milder course should be adopted.

Perhaps there may be some who are only timid regarding the total abolition of capital punishment because they are fearful of a license being given which would render human life of less value in the sight of man. Can then the destruction of a second life increase the reverence for its sacredness? Surely, not! If we were, in imagination, to place ourselves in the chamber of the condemned, or by the fire-side of the mere spectator of an execution, we shall find the heart of the first generally in a morbid state, whilst the spectator commiserates the fate of the condemned more than he learns to reprobate the crime for which the guilty one suffered.

Punishment, when strained beyond what is necessary becomes revenge; punishment, also, should never exceed, but rather be milder than, public opinion. In the awful decision of death, more especially, we should be careful not to inflict a penalty which we cannot repay back to the sufferer if the condemnation should afterwards prove to have been erroneous. There can be no recall from the grave: in the beautiful words of our author, “THE DOOR OF THE TOMB OPENS NOT INWARDS!”


There are several points in “The Last Days of a Condemned” to which I would particularly invite the attention of the reader. In the first place, the story being left unfinished, and there being a doubt as to whether the condemned was executed or pardoned, takes from the feeling of horror without affecting our interest in his fate. It is as a veil cast over the last moments,—a film, an indistinctness that blends into harmony the last distorted features of the vision we are contemplating.

Next, I would mention the papers relating to chaplains. How touchingly does the author paint the pure and pastorly being who has dwelt in the homely cure, and amid the peaceful scenes of nature studied nature’s God! At page 277, the poor captive, crushed in worldly feeling, yearns for those “good and consoling words” that shall “heal the bruised reed, and quench the smoking flax.” How beautiful to see the soul seeking for that hope which dieth not; and whether we look at pages 279 and 280, or 289, we cannot but feel a happy and holy wish that Heavenly Peace may rest on the poor condemned.

Pass we now to a beautiful scene of nature, page 290,—the final interview between the prisoner and his infant daughter, which few could read unmoved by its pathos. How happy for the parent who can enfold his child in his arms,—a happiness of which parents seldom know the value until the grave has closed over them, or they have left the homestead and parental hearth for the pathway of independent manhood. Agonizing must it be to a parent when absence has transferred much of the warmth of filial affection to strangers, to behold the child you have pictured, possibly for years, as anxious to welcome home from distant noxious climes the parent from whom it parted in the happy days of innocence, perhaps ere yet the mind was conscious of the father’s parting blessing. How the pulse throbs and the heart beats when the vessel touches land, and the waving handkerchief is indistinctly discerned amidst hundreds of spectators; and if when disengaged from the crowd, and with the beloved object seated beside you as the carriage speeds you to your home, how scrutinizingly does the heart search each gaze, fearfully anxious lest it should be able to fathom the depth of a love it would hold fathomless! But oh! how bitter beyond expression must be a meeting such as is described by the author of “The Condemned:” not only want of recognition from the innocent little prattler, not only indifference towards him,—but terror! How infinitely more must this have reconciled him, and made him court death than all that myriads of arguments could have effected!

A widely contrasted scene is painted from page 245 to 251, wherein is described the departure of the convicts for the Galleys. What an interesting and painful study for the philanthropist or the moralist! In a few words we read the history of years, the downward path, the emulation in vice. The pride of the hardened sinner to show his superiority in crime, and the effort of the newer delinquent to hide his inexperience under a more hardened exterior, prove forcibly how equally emulative is man, whether the object be a sceptre or a public execution, that his fellows may admire him when he is gone, that his compeers shall not surpass him while he remains!

The deterioration of mind on all connected with a crowded gaol,—that university for crime—is shown, in a paper a few pages further on (page 255), where even the song of a young girl, the outpouring of an unburthened heart, is tainted by the details of crime. The words are left in their original tongue; retained for the sake of showing the ability of the author, but not translated, as being little suited to give pleasure or effect any good. Alas! that the gaol should have power thus to efface even the charms of melody, and render discordant music’s silvery tones. But even that sweetest of sounds, a female voice, becomes tainted by prison association: the rust of a gaol corrodes the heart, and eats into every thing; time cannot efface its mark, nor the brightest sun call forth one gleam from where its dimness has once affixed itself.

As it mars lovely woman’s charms, so it renders disgustful the venerableness of age. From the song of the young girl we trace its earlier mildew; from the powerful paper narrating the history of the old convict (which is by far the most stirring and full of adventure of the whole, see pages 268 to 272) we learn its baleful effects on old age.

May a beneficent, rationally-grounded clemency be, in future, the means of redeeming “all such as have erred;” and may a widely-spread system of enlightened education happily train the children of adverse circumstances “in the way they should go.”

P. Hesketh Fleetwood.