James Anson Farrer

“ This useless prodigality of punishments, by which men have never been made any better, has driven me to examine whether the punishment of death be really useful and just in a well organised government. What kind of right can that be which men claim for the slaughter of their fellow-beings? Certainly not that right which is the source of sovereignty and of laws. For these are nothing but the sum-total of the smallest portions of individual liberty, and represent the general will, that is, the aggregate of individual wills. But who ever wished to leave to other men the option of killing him? ”

“ A king or a government can commission men to execute its policy or its vengeance; but is a free agent, who accepts a commission that he believes to be iniquitous, morally acquitted of his share of culpability? Is his responsibility no greater than that of the sword, the axe, or the halter with which he carries out his orders; or does the plea of military discipline justify him in acting with no more moral restraint than a slave, or than a horse that has no understanding? ”

“ It is not true that the sciences have always been injurious to mankind; when they were so, it was an inevitable evil. The multiplication of the human race over the face of the earth introduced war, the ruder arts, and the first laws, mere temporary agreements which perished with the necessity that gave rise to them. This was mankind’s primitive philosophy, the few elements of which were just, because the indolence and slight wisdom of their framers preserved them from error. But with the multiplication of men there went ever a multiplication of their wants. ”

“ Humanity in warfare now, as in antiquity, remains the exception, not the rule; and may be found now, as at all times, in books or in the finer imaginations of a few, far more often than in the real life of the battle-field. The plea of shortening the horrors of war is always the plea for carrying them to an extreme; as by Louvois for devastating the Palatinate, or by Suchet, the French general, for driving the helpless women and children into the citadel of Lerida, and for then shelling them all night with the humane object of bringing the governor to a speedier surrender. ”

“ The seductive image of pleasure, and hope, that sweetest illusion of mortals, for the sake of which they swallow large draughts of evil mixed with a few drops of contentment, are too attractive, for one ever to fear, that the necessary impunity of such a crime should exercise any general influence. He who fears pain, obeys the laws; but death puts an end in the body to all the sources of pain. What, then, will be the motive which shall restrain the desperate hand of the suicide? ”

“ Yet, if by equality be meant the same punishment, the same kind of labour, the same term of servitude, the same pecuniary fine—and this is the only thing it can mean—what more obvious than that the same punishment for rich and poor, for young and old, for strong and weak, for men and women, for educated and uneducated, will bring to the constitution of a penal code the utmost inequality the imagination can conceive? Beccaria insists that the law can do no more than assign the same extrinsic punishment to the same crime ”

“ The soldier’s courage, as he faces the mitrailleuse with the same indifference with which he would face snow-balls or bread-pellets, is a miracle of which discipline is the simple explanation; for whether the soldier be hired or coerced to face death, it is all one to him against what kind of bullet he rushes, so long as discipline remains—as Helvetius the French philosopher once defined it, the art of making soldiers more afraid of their own officers than of their enemy. ”

“ Verdicts should be public, and the proofs of guilt public, in order that opinion—which is, perhaps, the only bond of society there is—may place a check on outbursts of force and passion, and that the people may say, ‘We are not slaves without defence’: a feeling which both inspires them with courage and is as good as a tribute to a sovereign who understands his real interest. ”

“ The contrary doctrine bids a man to forswear the use of both his reason and his conscience in consideration for his pay, and deprives him of that liberty of thought and moral action compared with which his civil and political liberty are nothing worth. For what indeed is this contrary time-honoured doctrine when stripped of all superfluities, and displayed in the outfit of common sense and common words? What is it but that the duty of military obedience overrides all duty of a man towards himself; that, though he may not voluntarily destroy his body, he cannot do too much violence to his soul ”

“ Would you prevent crimes, then cause the laws to be clear and simple, bring the whole force of a nation to bear on their defence, and suffer no part of it to be busied in overthrowing them. Make the laws to favour not so much classes of men as men themselves. Cause men to fear the laws and the laws alone. Salutary is the fear of the law, but fatal and fertile in crime is the fear of one man of another. Men as slaves are more sensual, more immoral, more cruel than free men ”

“ It would matter little that it should lead to or involve a political despotism, for the greater despotism would ever be the military one, crushing out all individuality, moral liberty, and independence, and consigning to the soul-destroying routine of petty military details all the talent, taste, knowledge, and wealth of our country, which have hitherto given it a distinctive character in history, and a foremost place among the nations of the earth. ”

“ Such are the fatal arguments employed, if not clearly, at least vaguely, by men disposed to crimes, among whom, as we have seen, the abuse of religion is more potent than religion itself.
If I am confronted with the example of almost all ages and almost all nations who have inflicted the punishment of death upon some crimes, I will reply, that the example avails nothing before truth, against which there is no prescription of time; and that the history of mankind conveys to us the idea of an immense sea of errors, among which a few truths, confusedly and at long intervals, float on the surface. ”

“ The transition from the idea of military vassalage to that of military allegiance has surely produced a strange conception of honour, and one fitter for conscripts than for free men, when a man is held as by a vice to take part in a course of action which he believes to be wrong. Not only does no other profession enforce such an obligation, but in every other walk of life a man’s assertion of his own personal responsibility is a source rather of credit to him than of infamy. ”

“ The first class of crimes—that is, the worst, because they are the most injurious to society—are those known as crimes of high treason. Only tyranny and ignorance, which confound words and ideas of the clearest meaning, can apply this name, and consequently the heaviest punishment, to different kinds of crimes, thus rendering men, as in a thousand other cases, the victims of a word. Every crime, be it ever so private, injures society; but every crime does not aim at its immediate destruction. ”

“ But over and above the intrinsic disadvantages of military service, it would almost seem as if the war-presiding genii had of set purpose essayed to make it as distasteful as possible to mankind. For they have made discipline not merely a curtailment of liberty and a forfeiture of rights, but, as it were, an experiment on the extreme limits of human endurance. There has been no tyranny in the world, political, judicial, or ecclesiastical, but has had its parent and pattern in some military system. ”

“ Pederasty, so severely punished by the laws, and so readily subjected to the tortures that triumph over innocence, is founded less on the necessities of man, when living in a state of isolation and freedom, than on his passions when living in a state of society and slavery. It derives its force not so much from satiety of pleasure as from the system of education now in vogue, which, beginning by making men useless to themselves in order to make them useful to others, causes, by its too strict seclusion, a waste of all vigorous development, and accelerates the approach of old age. ”

“ Between a general and a spy the common-law rule of principal and agent plainly holds good: ‘He who acts through another acts through himself.’ In a case of espionage either both principal and agent are guilty of a criminal act, or neither is. If the spy as such violates the laws of war, so does the general who employs him; and either deserves the same punishment. Were it not so, a general who should hire a bravo to assassinate an enemy would incur no moral blame, nor could be held to act outside the boundary of lawful and honourable hostilities. ”

“ What could be more cruel, too, than the maxim of law that a man who forfeited his life forfeited his estates? What more inhuman than thus to punish a whole family for the crime of an individual, perhaps condemning a wife [14] and children to beg their bread because the head of the family had harboured a Protestant preacher or listened to his sermon in a cavern or a desert? Amid the contrariety of laws that governed France, the object of the criminal procedure to bring an accused man to destruction might be said to be the only law which was uniform throughout the country. ”

“ So some think that a cruel action done, say, at Constantinople is punishable at Paris, for the abstract reason that he who offends humanity deserves to have collective humanity for his enemy, and merits universal execration; as if judges were the avengers of human sensibility in general, and not rather of the covenants that bind men together. The place of punishment is the place of the crime, because there, and there only, is it a compulsory duty to injure an individual, to prevent an injury to the public. ”

“ The immortal President, Montesquieu, has treated cursorily of this matter; and truth, which is indivisible, has forced me to follow the luminous footsteps of this great man; but thinking men, for whom I write, will be able to distinguish my steps from his. Happy shall I esteem myself if, like him, I shall succeed in obtaining the secret gratitude of the unknown and peaceable followers of reason, and if I shall inspire them with that pleasing thrill of emotion with which sensitive minds respond to the advocate of the interests of humanity. ”