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  "in blood stept in so far",

  warned the National Assembly that in taking human life, and in displaying before the eyes of the people scenes of cruelty and the bodies of murdered men, the law awakened ferocious prejudices, which gave birth to a long and growing train of their own kind. With how much reason this was said, let his own detestable name bear witness! If we would know how callous and hardened society, even in a peaceful and settled state, becomes to public executions when they are frequent, let us recollect how few they were who made the last attempt to stay the dreadful Monday-morning spectacles of men and women strung up in a row for crimes as different in their degree as our whole social scheme is different in its component parts, which, within some fifteen years or so, made human shambles of the Old Bailey.

  There is no better way of testing the effect of public executions on those who do not actually behold them, but who read of them and know of them, than by inquiring into their efficiency in preventing crime. In this respect they have always, and in all countries, failed. According to all facts and figures, failed. In Russia, in Spain, in France, in Italy, in Belgium, in Sweden, in England, there has been one result. In Bombay, during the Recordership of Sir James Macintosh, there were fewer crimes in seven years without one execution, than in the preceding seven years with forty-seven executions; notwithstanding that in the seven years without capital punishment, the population had greatly increased, and there had been a large accession to the numbers of the ignorant and licentious soldiery, with whom the more violent offences originated. During the four wickedest years of the Bank of England (from 1814 to 1817, inclusive), when the one-pound note capital prosecutions were most numerous and shocking, the number of forged one-pound notes discovered by the Bank steadily increased, from the gross amount in the first year of 10,342 pounds , to the gross amount in the last of 28,412 pounds . But in every branch of this part of the subject—the inefficiency of capital punishment to prevent crime, and its efficiency to produce it—the body of evidence (if there were space to quote or analyse it here) is overpowering and resistless.

  I have purposely deferred until now any reference to one objection which is urged against the abolition of capital punishment: I mean that objection which claims to rest on Scriptural authority.

  It was excellently well said by Lord Melbourne, that no class of persons can be shown to be very miserable and oppressed, but some supporters of things as they are will immediately rise up and assert—not that those persons are moderately well to do, or that their lot in life has a reasonably bright side—but that they are, of all sorts and conditions of men, the happiest. In like manner, when a certain proceeding or institution is shown to be very wrong indeed, there is a class of people who rush to the fountainhead at once, and will have no less an authority for it than the Bible, on any terms.

  So, we have the Bible appealed to in behalf of Capital Punishment. So, we have the Bible produced as a distinct authority for Slavery. So, American representatives find the title of their country to the Oregon territory distinctly laid down in the Book of Genesis. So, in course of time, we shall find Repudiation, perhaps, expressly commanded in the Sacred Writings.

  It is enough for me to be satisfied, on calm inquiry and with reason, that an Institution or Custom is wrong and bad; and thence to feel assured that IT CANNOT BE a part of the law laid down by the Divinity who walked the earth. Though every other man who wields a pen should turn himself into a commentator on the Scriptures—not all their united efforts, pursued through our united lives, could ever persuade me that Slavery is a Christian law; nor, with one of these objections to an execution in my certain knowledge, that Executions are a Christian law, my will is not concerned. I could not, in my veneration for the life and lessons of Our Lord, believe it. If any text appeared to justify the claim, I would reject that limited appeal, and rest upon the character of the Redeemer, and the great scheme of His Religion, where, in its broad spirit, made so plain—and not this or that disputed letter—we all put our trust. But, happily, such doubts do not exist. The case is far too plain. The Rev. Henry Christmas, in a recent pamphlet on this subject, shows clearly that in five important versions of the Old Testament (to say nothing of versions of less note) the words, "by man", in the often-quoted text, "Whoso sheddeth man's blood, by man shall his blood be shed", do not appear at all. We know that the law of Moses was delivered to certain wandering tribes in a peculiar and perfectly different social condition from that which prevails among us at this time. We know that the Christian Dispensation did distinctly repeal and annul certain portions of that law. We know that the doctrine of retributive justice or vengeance, was plainly disavowed by the Saviour. We know that on the only occasion of an offender, liable by the law to death, being brought before Him for His judgment, it was not death. We know that He said, "Thou shalt not kill". And if we are still to inflict capital punishment because of the Mosaic law (under which it was not the consequence of a legal proceeding, but an act of vengeance from the next of kin, which would surely be discouraged by our later laws if it were revived among the Jews just now) it would be equally reasonable to establish the lawfulness of a plurality of wives on the same authority.

  Here I will leave this aspect of the question. I should not have treated of it at all in the columns of a newspaper, but for the possibility of being unjustly supposed to have given it no consideration in my own mind.

  In bringing to a close these letters on a subject, in connection with which there is happily very little that is new to be said or written, I beg to be understood as advocating the total abolition of the Punishment of Death, as a general principle, for the advantage of society, for the prevention of crime, and without the least reference to, or tenderness for any individual malefactor whomsoever. Indeed, in most cases of murder, my feeling towards the culprit is very strongly and violently the reverse. I am the more desirous to be so understood, after reading a speech made by Mr. Macaulay in the House of Commons last Tuesday night, in which that accomplished gentleman hardly seemed to recognise the possibility of anybody entertaining an honest conviction of the inutility and bad effects of Capital Punishment in the abstract, founded on inquiry and reflection, without being the victim of "a kind of effeminate feeling". Without staying to inquire what there may be that is especially manly and heroic in the advocacy of the gallows, or to express my admiration of Mr. Calcraft, the hangman, as doubtless one of the most manly specimens now in existence, I would simply hint a doubt, in all good humour, whether this be the true Macaulay way of meeting a great question? One of the instances of effeminacy of feeling quoted by Mr. Macaulay, I have reason to think was not quite fairly stated. I allude to the petition in Tawell's case. I had neither hand nor part in it myself; but, unless I am greatly mistaken, it did pretty clearly set forth that Tawell was a most abhorred villain, and that the House might conclude how strongly the petitioners were opposed to the Punishment of Death, when they prayed for its non-infliction even in such a case.

  PAPER IV

  The Spirit of Chivalry in Westminster Hall

  Of all the cants that are canted in this canting world," wrote Sterne, "kind Heaven defend me from the cant of Art!" We have no intention of tapping our little cask of cant, soured by the thunder of great men's fame, for the refreshment of our readers: its freest draught would be unreasonably dear at a shilling, when the same small liquor may be had for nothing, at innumerable ready pipes and conduits.

  But it is a main part of the design of this Magazine to sympathise with what is truly great and good; to scout the miserable discouragements that beset, especially in England, the upward path of men of high desert; and gladly to give honour where it is due, in right of Something achieved, tending to elevate the tastes and thoughts of all who contemplate it, and prove a lasting credit to the country of its birth.

  Upon the walls of Westminster Hall, there hangs, at this time, such a Something. A composition of such marvellous beauty, of such infinite variety, of such masterly design, o
f such vigorous and skilful drawing, of such thought and fancy, of such surprising and delicate accuracy of detail, subserving one grand harmony, and one plain purpose, that it may be questioned whether the Fine Arts in any period of their history have known a more remarkable performance.

  It is the cartoon of Daniel Maclise, "executed by order of the Commissioners", and called The Spirit of Chivalry. It may be left an open question, whether or no this allegorical order on the part of the Commissioners, displays any uncommon felicity of idea. We rather think not; and are free to confess that we should like to have seen the Commissioners' notion of the Spirit of Chivalry stated by themselves, in the first instance, on a sheet of foolscap, as the ground-plan of a model cartoon, with all the commissioned proportions of height and breadth. That the treatment of such an abstraction, for the purposes of Art, involves great and peculiar difficulties, no one who considers the subject for a moment can doubt. That nothing is easier to render it absurd and monstrous, is a position as little capable of dispute by anybody who has beheld another cartoon on the same subject in the same Hall, representing a Ghoule in a state of raving madness, dancing on a Body in a very high wind, to the great astonishment of John the Baptist's head, which is looking on from a corner.

  Mr. Maclise's handling of the subject has by this time sunk into the hearts of thousands upon thousands of people. It is familiar knowledge among all classes and conditions of men. It is the great feature within the Hall, and the constant topic of discourse elsewhere. It has awakened in the great body of society a new interest in, and a new perception and a new love of, Art. Students of Art have sat before it, hour by hour, perusing in its many forms of Beauty, lessons to delight the world, and raise themselves, its future teachers, in its better estimation. Eyes well accustomed to the glories of the Vatican, the galleries of Florence, all the mightiest works of art in Europe, have grown dim before it with the strong emotions it inspires; ignorant, unlettered, drudging men, mere hewers and drawers, have gathered in a knot about it (as at our back a week ago), and read it, in their homely language, as it were a Book. In minds, the roughest and the most refined, it has alike found quick response; and will, and must, so long as it shall hold together.

  For how can it be otherwise? Look up, upon the pressing throng who strive to win distinction from the Guardian Genius of all noble deeds and honourable renown,—a gentle Spirit, holding her fair state for their reward and recognition (do not be alarmed, my Lord Chamberlain; this is only in a picture); and say what young and ardent heart may not find one to beat in unison with it—beat high with generous aspiration like its own—in following their onward course, as it is traced by this great pencil! Is it the Love of Woman, in its truth and deep devotion, that inspires you? See it here! Is it Glory, as the world has learned to call the pomp and circumstance of arms? Behold it at the summit of its exaltation, with its mailed hand resting on the altar where the Spirit ministers. The Poet's laurel-crown, which they who sit on thrones can neither twine or wither—is that the aim of thy ambition? It is there, upon his brow; it wreathes his stately forehead, as he walks apart and holds communion with himself. The Palmer and the Bard are there; no solitary wayfarers, now; but two of a great company of pilgrims, climbing up to honour by the different paths that lead to the great end. And sure, amidst the gravity and beauty of them all– –unseen in his own form, but shining in his spirit, out of every gallant shape and earnest thought—the Painter goes triumphant!

  Or say that you who look upon this work, be old, and bring to it grey hairs, a head bowed down, a mind on which the day of life has spent itself, and the calm evening closes gently in. Is its appeal to you confined to its presentment of the Past? Have you no share in this, but while the grace of youth and the strong resolve of maturity are yours to aid you? Look up again. Look up where the spirit is enthroned, and see about her, reverend men, whose task is done; whose struggle is no more; who cluster round her as her train and council; who have lost no share or interest in that great rising up and progress, which bears upward with it every means of human happiness, but, true in Autumn to the purposes of Spring, are there to stimulate the race who follow in their steps; to contemplate, with hearts grown serious, not cold or sad, the striving in which they once had part; to die in that great Presence, which is Truth and Bravery, and Mercy to the Weak, beyond all power of separation.

  It would be idle to observe of this last group that, both in execution and idea, they are of the very highest order of Art, and wonderfully serve the purpose of the picture. There is not one among its three-and-twenty heads of which the same remark might not be made. Neither will we treat of great effects produced by means quite powerless in other hands for such an end, or of the prodigious force and colour which so separate this work from all the rest exhibited, that it would scarcely appear to be produced upon the same kind of surface by the same description of instrument. The bricks and stones and timbers of the Hall itself are not facts more indisputable than these.

  It has been objected to this extraordinary work that it is too elaborately finished; too complete in its several parts. And Heaven knows, if it be judged in this respect by any standard in the Hall about it, it will find no parallel, nor anything approaching to it. But it is a design, intended to be afterwards copied and painted in fresco; and certain finish must be had at last, if not at first. It is very well to take it for granted in a Cartoon that a series of cross-lines, almost as rough and apart as the lattice-work of a garden summerhouse, represents the texture of a human face; but the face cannot be painted so. A smear upon the paper may be understood, by virtue of the context gained from what surrounds it, to stand for a limb, or a body, or a cuirass, or a hat and feathers, or a flag, or a boot, or an angel. But when the time arrives for rendering these things in colours on a wall, they must be grappled with, and cannot be slurred over in this wise. Great misapprehension on this head seems to have been engendered in the minds of some observers by the famous cartoons of Raphael; but they forget that these were never intended as designs for fresco painting. They were designs for tapestry-work, which is susceptible of only certain broad and general effects, as no one better knew than the Great Master. Utterly detestable and vile as the tapestry is, compared with the immortal Cartoons from which it was worked, it is impossible for any man who casts his eyes upon it where it hangs at Rome, not to see immediately the special adaptation of the drawings to that end, and for that purpose. The aim of these Cartoons being wholly different, Mr. Maclise's object, if we understand it, was to show precisely what he meant to do, and knew he could perform, in fresco, on a wall. And here his meaning is; worked out; without a compromise of any difficulty; without the avoidance of any disconcerting truth; expressed in all its beauty, strength, and power.

  To what end? To be perpetuated hereafter in the high place of the chief Senate-House of England? To be wrought, as it were, into the very elements of which that Temple is composed; to co-endure with it, and still present, perhaps, some lingering traces of its ancient Beauty, when London shall have sunk into a grave of grass-grown ruin,—and the whole circle of the Arts, another revolution of the mighty wheel completed, shall be wrecked and broken?

  Let us hope so. We will contemplate no other possibility—at present.

  PAPER V

  In Memoriam— W. M. Thackeray

  It has been desired by some of the personal friends of the great English writer who established this magazine[1], that its brief record of his having been stricken from among men should be written by the old comrade and brother in arms who pens these lines, and of whom he often wrote himself, and always with the warmest generosity.

  I saw him first nearly twenty-eight years ago, when he proposed to become the illustrator of my earliest book. I saw him last, shortly before Christmas, at the Athenaeum Club, when he told me that he had been in bed three days—that, after these attacks, he was troubled with cold shiverings, "which quite took the power of work out of him"—and that he had it in his mind to try a new remedy wh
ich he laughingly described. He was very cheerful, and looked very bright. In the night of that day week, he died.

  The long interval between those two periods is marked in my remembrance of him by many occasions when he was supremely humorous, when he was irresistibly extravagant, when he was softened and serious, when he was charming with children. But, by none do I recall him more tenderly than by two or three that start out of the crowd, when he unexpectedly presented himself in my room, announcing how that some passage in a certain book had made him cry yesterday, and how that he had come to dinner, "because he couldn't help it", and must talk such passage over. No one can ever have seen him more genial, natural, cordial, fresh, and honestly impulsive, than I have seen him at those times. No one can be surer than I, of the greatness and the goodness of the heart that then disclosed itself.

  We had our differences of opinion. I thought that he too much feigned a want of earnestness, and that he made a pretence of under– valuing his art, which was not good for the art that he held in trust. But, when we fell upon these topics, it was never very gravely, and I have a lively image of him in my mind, twisting both his hands in his hair, and stamping about, laughing, to make an end of the discussion.

  When we were associated in remembrance of the late Mr. Douglas Jerrold, he delivered a public lecture in London, in the course of which, he read his very best contribution to Punch, describing the grown-up cares of a poor family of young children. No one hearing him could have doubted his natural gentleness, or his thoroughly unaffected manly sympathy with the weak and lowly. He read the paper most pathetically, and with a simplicity of tenderness that certainly moved one of his audience to tears. This was presently after his standing for Oxford, from which place he had dispatched his agent to me, with a droll note (to which he afterwards added a verbal postscript), urging me to "come down and make a speech, and tell them who he was, for he doubted whether more than two of the electors had ever heard of him, and he thought there might be as many as six or eight who had heard of me". He introduced the lecture just mentioned, with a reference to his late electioneering failure, which was full of good sense, good spirits, and good humour.