Page:The Pamphleteer (Volume 8).djvu/288

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284
Punishment of Death.

In the last century, the relation of punishment and crime drew the attention of many: many authors have written upon it, and some princes have put in execution the ideas of philosophers. Italy, the nation which has set the example, almost in every pursuit, either of good or bad, was in this also the first nation whose philosophers entered this career, and whose princes showed the example of availing themselves of the light thrown upon the subject. Beccaria, whatever might be the harshness of his disposition in private life, has rendered the public a great service by his attempts to introduce a milder spirit in the hearts of the administrators of justice—and Leopold of Tuscany, though some may complain of his frivolity, and others of his weakness; had first the merit of forming a code upon the principles of this philosopher. In every country, the work of the Roman sage was read; in every country it was translated and purchased; but it was not in every country that his principles were adopted, or even noticed in the manner becoming a subject of a nature so important. Following the example of Tuscany, Russia under Elizabeth and Catherine was the only great nation that amended its code according to this just though mercy-breathing system. Thus that nation, which every rival stigmatised with the name of barbarian, had first the glory of adding to her other glorious wreaths the more honorable civic crown of reforming her code according to a system that does honor to the feeling heart. The French sages, though perhaps it was owing to them that Russia adopted the system, in their own country were content with examining, criticizing, and commenting on it, and never, during the whole of that sanguinary revolution, when stretching forth hands imbrued in the blood of their innocent countrymen, they talked of reason, philanthropy, and universal love, never was a single voice raised to propose a system of penal laws, the spirit of which was true