"And what is the effect which this strangely assumed power has produced on your administration of justice?" said I.
"The virtual abolition of capital punishment," was the reply. "When a jury," continued M. V***, "delivers a verdict to the judge of 'Guilty, but with extenuating circumstances,' the judge dare not condemn the criminal to death, though the law of the land assign that punishment to his offence, and though his own mind is convinced, by all which has come out upon the trial, that instead of _extenuating circumstances_, the commission of the crime has been attended with every possible aggravation of atrocity. Such is the practical effect of the revolution of 1830 on the administration of criminal justice."
"Does public opinion sanction this strange abuse of the functions of jurymen?" said I.
"Public opinion cannot sanction it," he replied, "any more than it could sanction the committal of the crime itself. The one act is, in fact, as lawless as the other; but the populace have conceived the idea that capital punishment is an undue exercise of power, and therefore our rulers fear to exercise it."
This is a strange statement, is it not? The gentleman who made it is, I am sure, too much a man of honour and integrity to falsify facts; but it may perhaps be necessary to allow something for the colouring of party feeling. Whatever the present government does, or permits to be done, contrary to the system established during the period of the restoration, is naturally offensive to the feelings of the legitimatists, and repugnant to their judgments; yet, in this case, the relaxation of necessary power must so inevitably lead to evil, that we must, I think, expect to see the reins gathered up, and the command resumed by the proper functionaries, as soon as the new government feels itself seated with sufficient firmness to permit the needful exertion of strength to be put forth with safety.
It is certain that M. V*** supported his statement by reciting so many strong cases in which the most fearful crimes, substantiated by the most unbroken chain of evidence, have been reported by the jury to the judge as having "extenuating circumstances" attached to them, that it is impossible, while things remain as they are, not to feel that such a mode of administering justice must make the habit of perjury as familiar to their jurymen as that of taking their oaths.