process. 'The senseless old law of retaliation' (la vieille et inepte loi du talion) is inept or senseless only when the application of it is false to the principle: when justice in theory becomes unjust in practice. Another stale old principle or proverb—'abusus non tollit usum'—suffices to confute some of the arguments—I am very far from saying, all—adduced or alleged by the ardent eloquence of Victor Hugo in his admirable masterpiece of terrible and pathetic invention—Le dernier jour d'un condamné, and subsequently in the impressive little history of Claude Gueux, in the famous speech on behalf of Charles Hugo when impeached on a charge of insult to the laws in an article on the punishment of death, and in the fervent eloquence of his appeal on the case of a criminal executed in Guernsey, and of his protest addressed to Lord Palmerston against the horrible result of its rejection. That certain surviving methods of execution are execrable scandals to the country which maintains them, he has proved beyond all humane or reasonable question; and that all murderers are not alike inexcusable is no less indisputable a proposition; but beyond these two points the most earnest and exuberant advocacy can advance nothing likely to convince any but those already converted to the principle that human life must never be taken in punishment of crime—that there are not criminals whose existence insults humanity, and cries aloud on justice for mercy's very sake to cut it off.
The next year (1830) is famous forever beyond all others in the history of French literature: it was the year of Hernani, the date of liberation and transfiguration for the tragic stage of France. The battle which raged round the first acted play of Hugo's, and the triumph which crowned the struggles
