XXXIII.

Behind the painter, a young man whose bland hair, blue eye, and pale tint revealed a man of the north, stood up on the end of his feet to see better the accused. He held his eyes fixed on her as a phantom whose look had contracted the immobility of death. At each response of the young girl the

masculine sense and the feminine sound of that voice made him tremble and change color. He seemed to drink in with his eyes her words, and to associate himself by gesture, by attitude and enthusiasm with the sentiments which the accused expressed. Frequently, not being able to restrain his emotion, he provoked by involuntary exclamations, the murmurs of the auditors and the attention of Charlotte Corday. At the moment the President pronounced the decree of death, the young man half arose with the gesture of one who protects in his heart and reseated himself immediately, as if strength failed him. Charlotte, insensible to her own lot, saw this movement. She comprehended that at the moment when all abandoned her on earth, one soul attached itself to her's, and that in the midst of this indifferent or hostile multitude, she had an unknown friend. Her look thanked him. This was their only conversation here below.

He who did it acquitted himself with all the dignity possible; I shall be grateful to him for it to the last moment." This vengeance made a false blow at him whom she accused on the border of the tomb. The young Pontecaulant being absent from Paris had not received the letter; his generosity and his courage answered for his acceptance. Charlotte carried away a mistake and an injustice

to the scaffold.

The artist, who nad sketched the features of Charlotte Corday before the tribunal, was M. Hauer, painter and officer of the National Guard of the section of the Theatre-Francais. Having reentered her dungeon, she begged the door-keeper to permit him to enter to finish his work. M. Hauer was introduced. Charlotte thanked him for the interest he appeared to take in her fate, and took her position before him with serenity. It might have been said that in permitting him to transmit her features and her physiognomy to posterity, she charged him to transmit her soul and her patriotism visible to generations to come. She conversed with M. Hauer about his art, the event of the day, of the peace which the act gave her, which she had consummated. She spoke of the young friends of her childhood at Caen, and prayed the artist to copy, in miniature, the large portrait which he made, and to send that miniature to her family.

66

That young stranger was Adam Lux, a German In the midst of that conversation, mingled with republican, sent to Paris by the revolutionists of silence, they heard a gentle knock at the door of Mayence, to arrange, in concert, the movements of the dungeon placed behind the accused. They Germany with those of France in the common opened, it was the executioner. Charlotte, turncause of human reason and the liberty of the peo-ing at the noise, perceived the scissors and the red ple. His eyes followed the accused up to the mo- "chemise" which the executioner carried on his ment when she disappeared among the sabres of arm. Her countenance grew pale and she shudthe gendarmes under the vault of the staircase. dered at that exhibition. What already!" she His thoughts never quitted her more. cried involuntarily. Soon she restrengthened herself, and casting a look on the unfinished portrait : "Monsieur," she said to the artist with a sad and benevolent smile, "I do not know how to thank you for the care you have taken. I have only that to offer you, preserve it as a memorial of your goodness and of my gratitude." In saying these words she took the scissors from the hand of the executioner, and cutting a lock of her long hair, which escaped from her bonnet, she presented it to M. Hauer. The gendarmes and the executioner, at these words and this gesture, felt the tears mount into their eyes.

XXXIV.

Having reëntered the Conciergerie, which was to give her up in a few minutes to the scaffold, Charlotte Corday smiled on her prison companions ranged in the corridors and the courts to see her pass. She said to the door-keeper, "I had hoped we should breakfast together again; but the judges have kept me above so long that you must pardon me for not having kept my word." The executioner entered. She asked of him one minute to The family of M. Hauer still possesses this porfinish a letter which was begun. That letter was trait interrupted by death. The head alone was neither a weakness nor an expression of the ten-painted, the bust was scarcely sketched. But the derness of her soul; it was the cry of indignant painter, who followed with his eye the preparations friendship which wishes to leave an immortal reproach to the baseness of an abandonment. It was addressed to Doulcet de Pontecaulant, whom she had known at her aunt's, and whom she believed she had invoked in vain as a defender. Here is that note: "Doulcet de Pontecaulant is a base man to have refused to defend me where it was so easy.

for the scaffold, was so struck with the effect of the sinister splendor which the red "chemise," added to the beauty of the model that, after the punishment of Charlotte, he painted her in this costume.

A priest, authorized by the public accuser, presented himself according to usage, to offer her the

consolations of religion. been so attentive as to send you," she said to him with an affectionate grace, "but I have no need of your ministry. The blood which I have shed, and my own which I am going to pour out, are the only sacrifices I can make to the Eternal." The executioner cut off her hair, tied her hands and put on her the "chemise" of the executed. "Behold," she said smiling, "the toilette of death made by hands a little rude, but it conducts to immortality." She gathered up her long hair, looked at it the last time, and gave it to Madame Richard. At the moment she mounted the cart to go to execution a rer? storm broke on Paris. The thunder and the rain did not disperse the multitude that encumbered the squares, the bridges and the streets on the route of the cortege. Hordes of infuriated women pursued her with their maledictions. Insensible to these outrages, she cast around a radiating eye of seren-nated from the last look of the victim, accompaity and of pity on the people.

"Thank those who have till then unknown! emotions whose sweetness equals their bitterness, and which will never die but with me. Let them sanctify the place of her punishment and raise there her statue with these words: Plus grande que Brutus!' To die for her, to be buffeted as she was by the hand of the executioner. to feel in dying the same cold steel which cut off the angelic head of Charlotte, to be united to her in heroism, in liberty, in love, in death-these, henceforth, are only desires! I shall never reach that sublime virtue; but is it not just that the object adored should always be above the ado

XXXV.

XXXVI.

Thus an enthusiastic and spiritual lover, germi

One

nied her without her knowledge, step by step, to the scaffold, and prepared to follow her, to merit with its model and its ideal the eternal union of souls. The cart stopped. Charlotte grew pale on seeing the instrument of punishment. She quickly The heavens became clear. The rain, which resumed her natural color and mounted the slippery glued her garments to her limbs, sketched the steps of the scaffold with a step as firm and as light graceful contours of her body under the humid as her dragging" chemise" and tied hands permitwool, as that of a woman coming from a bath. ted. When the executioner, to uncover her neck, Her hands tied behind her back, forced her to raise tore off the neckerchief which covered her breast, up her head. That constraint of the muscles gave more immobility to her attitude and made the curves of her stature more prominent. The setting sun illumined her front with rays like to an Aureola. The color of her cheeks, heightened by the reflection of the red chemise, gave her physiognomy a splendor which dazzled the eyes. One could not tell if this was the apotheosis or the punishment of beauty which this tumultuons cortege followed. Robespierre, Danton, Camille Desmoulins, placed themselves on the passage to obtain a glimpse of her. All those who had the presentiment of assassination, were curious to study in her features the expression of the fanaticism which might menace them the next day. She resembled the celestial vengeance satisfied and transfigured. She appeared, at some moments, to seek in the thousands of visages, a look of intelligence on which her eve might repose. Adam Lux awaited the cart at the entry of the "rue Saint Honoré." He Such was the end of Marat. Such were the piously followed the wheels to the foot of the scaf-life and death of Charlotte Corday. In the presfold. "He engraved on his heart," he himself ence of murder, history does not dare to glorify; said, "that unchangeable douceur in the midst of in the presence of heroism, history dares not to the barbarous howlings of the multitude, that look wither. The appreciation of such an act places 80 gentle and so penetrating those vivid, yet hu- the mind in the formidable alternative of not remid sparks, which escaped as so many inflamed cognizing virtue, or of praising assassination. As thoughts from those beautiful eyes, in which spoke that painter who, despairing of being able to renforth a soul as intrepid as tender; charming eyes, der the complex expression of a mixed sentiment, which would have moved a rock!" he cries. . . cast a veil over the face of his model and left a "Unique and immortal souvenirs," he added, "which problem to the spectator, we must cast this myshave broken my heart and filled it with emotions, tery to be debated forever in the abyss of the hu

humiliated modesty gave her more emotion than
the death so near at hand; but resuming her se-
renity and her almost joyous transport towards
eternity, she placed herself, her neck under the
hatchet. Her head rolled and rebounded.
of the servants of the executioner, named Legros,
took the head in one hand and buffetted it with the
other, through a vile adulation of the people. The
cheeks of Charlotte reddened, it is said, from the
outrage, as if dignity and modesty had survived for
a moment, the sentiment of life. The irritated
multitude did not accept the homage. A chill of
horror ran through the crowd and demanded ven-
geance of that indignity.

VOL. XIV-21

XXXVII.

WORDINESS IN LEGISLATION.

to punish the forging of certain public and corporate seals, but missing that aim in the fog of words, and punishing only the forging of an instrument for The vice which has pervaded English and Amer- the purpose of counterfeiting such seals. This jean Laws for so long a time and so mischievously, palpable no hit is found in the Va. Revised code of is about to disappear, as we may hope, from the 1819, vol. 1. p. 579, §2. Any careful reader will laws of Virginia. Messrs. Patton and Robinson, see that its fair grammatical construction is prethe eminent jurists appointed by a former Legisla- cisely what we have said. Perhaps the courts ture to revise the civil and criminal codes, have knowing what the Legislature meant, might force determined that so far as their agency may go, a different interpretation: but in doing so, they common sense shall prevail over pedantry and would trample upon the great rule of construction, prejudice, in stripping laws of their useless verbi--that penal statutes must be taken strictly against age, and clothing them in language clear to plain the Commonwealth, and favorably to the accused. minds. They have patterned much (if we are Such failures to effectuate the law-maker's inrightly informed) after the Massachusetts Revisal, tent, are a natural fruit of the wordy system. In and the Code Napoleon, which are models of brev-penning one of the fashionable, million-word staity and lucidness. The prevailing character of the tutes, the writer's mind becomes confused, and he Legislature warrants the belief, that the efforts of writes confusedly-mismatches verbs and their obthe Revisors will be seconded by that Body. jects-and sometimes "leaves all memory of sense But we intend no such concession, as to call the behind." If his mind is too clear ever to become verbiage of our past laws, and of English laws, confused, yet in attempting minute specification merely useless. It is very hurtful. It so clouds he will leave out some particulars: or, if his knowtheir meaning, as to make their writers often ap-ledge is so great and his recollection so exact as to pear to have had in mind Talleyrand's famed say- embrace all that exist, still he cannot foresee fuing, that the main purpose of words is to conceal ture subjects, which have no parallel in the present thoughts. It goes far to hinder not only the com- or the past. Human cunning, the perpetual creamon people, but well-informed men, even lawyers, tion of new objects of value, and the frequent shiftfrom knowing what is the law; having thus the ing of human affairs into new channels, will always very effect of the Roman tyrant's cruelty, who baulk the most tedious particularizer that ever wrote fixed up the tablets on which his laws were writ- a statute. ten too high for his people to read them, and then To meet these unforeseen emergencies, the milpunished their violation. And it produces such in-lion-word man commonly adds to his long list of accuracy, it leaves so many of those gaps called particulars a sweeping phrase, designed to cover “ omitted cases,” that Lord Kenyon or Lord Ellen- all possible cases. But our courts would probaborough (we forget which) might well say that he bly follow those of England, in adjudging such a could drive a coach-and-four through any statute. sweeping phrase inoperative. For when a law The penners of laws, here and in England, seem had made it felony to steal sheep or other cattle, to have been prompted by that spirit of verbosity, the courts held the words " or other cattle" inoperawhich has justly brought so much ridicule and re- tive, and that the act extended only to sheep. proach upon lawyers: the spirit engendered by the" And therefore, at the next session" [of Parliaold practice of paying for legal writings in propor- ment,] says Judge Blackstone, "it was found netion to their number of words: the verbosity, which cessary to make another statute, extending the forfilled many pages with a marriage agreement, mer to bulls, cows, oxen, steers, bullocks, heifers, amounting at last, as Mr. Shandy luminously in-calves, and lambs, by name."* So, the Virginia forms us, to this only—“ In three words, my mother Legislaturef having specified some thirty-six kinds was to lie in, if she chose it, in London." of writing, as the subjects of punishable forgery, Some readers may stare, at our saying that a and wound up the list with the words, 66 or other maltitude of words makes laws inaccurate. Such writing, to the prejudice of another's right;" our an effect is the furthest possible from the concep- courts, it is to be presumed, would adjudge the tions of him who uses that multitude. He doubts law applicable only to the 36 specified kinds; and not, that his copiousness of language covers every the last mentioned words to be of no effect. possible case.

"Slave or slaves,"-"

person or

Suppose the comprehensive term, the sweeping persons," "he, she, or they,"-" hog, pig, or phrase, alone, had been used? Suppose the Engshoat,"-"horse, gelding, mare, colt, foal, or lish statute had made it punishable to steal “cattle filly," and other such specifications, make a web of any kind," without mentioning sheep? Or supwhich seems to him complete, because it is com- pose the Virginia statute had simply punished the plicated: but when it comes to be tested in prac-forgery of " any writing, to the prejudice of anothtice, it is found to provide perhaps for not above er's right? Would not that language cover every half the cases it was intended to meet. We could * 1 Black. Comm. 88.

cite a long section, containing 196 words, intended

1 R. C. p. 579, 580, §4.

=

The words "in writing," or "written," may include printing, engraving, lithographing, and all other modes of representing words or letters:

66

case, as effectually as if every case were specified? The word "cattle" shall include all animals of The English enumeration, after all its ridiculous the cow, sheep, hog, and goat kinds : particularity, omits goats, and swine. It would not be difficult to suggest papers of value, which are omitted in the Virginia enumeration: bank certificates of deposite, for example. But we cannot imagine any subject of forgery, which would not be included in the words " any writing to the prejudice of another's right;" nor any domestic animal always worthy to be protected against theft, that would not be comprehended by the word “cattle."

To meet the scruples of word-catchers, who might question whether "cattle" properly means hogs or goats, and whether "writing" would meet the case of a printed forgery, let the code have prefixed to it a set of definitions, declaring that general words shall be construed to mean all that may fairly be included in them-that " cattle" shall mean (in laws) all animals of the cow, sheep, hog, and goat kinds-that "writing" shall include printing, etching, engraving, &c.

The words "justice of the peace," "magistrate," or "justice" (when used to signify a justice of the peace) may include mayor, alderman, judge, or other person having the functions of a justice of the peace :

The words "goods and chattels," or "goods," or "chattels," shall include bank notes, and all other written evidences of debt, choses in action, and papers of value, or other personal property.

The word " county" may include corporation, city, borough, and other localities of jurisdiction: The word "person" may include bodies politic and corporate:

The word "oath," or firmation, or affirm :

"swear," shall include af

The words "insane person" may include idiots, lunatics, persons non compos, or any wise deranged in mind:

The word "will" shall include testaments and codicils:

This is what the Legislature of Massachusetts has done; and what our Revisors propose to do. A page or two of such definitions, carefully kept in view throughout the Cude, might shorten it by The words "free negro" shall include free one half-make it infinitely clearer than hereto- mulatto; and the word "negro" shall include mufore-and leave comparatively few cases unprovi- latto.

ded for, that could arise in human society. To 4. The punishment prescribed for a criminal in make this plainer, let us give specimens of such the first degree, shall be held applicable to persons definitions as we understand that the Revisors pro-aiding, abetting, counselling, causing, or procuring pose and then exemplify their views further, by a a crime, without express mention of them. sample of the shortening and clarifying effect of their plan. We profess to speak not by their authority, but only from our idea of their design, so far as it has been unfolded to the public and we copy, in part, from the Massachusetts Revisal.

DEFINITION.

5. The word "he," "she," "it," or "they," shall be taken to mean the person or persons, thing or things, which it represents by fair grammatical construction: without repeating the name itself of the person or thing.

6. The word "forge" or "counterfeit," shall import and include falsely making, forging, counterfeiting, altering or erasing, with intent to defraud.

In this code, and in all other acts of the General Assembly, the following rules of construction shall These at least suffice to show the principle. If be observed, unless inconsistent with the manifest statutes be composed with faithful reference even interest of the Legislature, or with the context of to these few definitions, omitting the phrases the act in which the words and phrases here defined," every such offender,"-" every such person," are used That is to say, "being thereof duly convicted"-“ public jail and 1. A word in the singular number, may be held penitentiary house,"—and countless others like to include the plural; and a word in the plural. may be held to include the singular.

2. A word importing the masculine gender, may be held to include females, as well as males.

3. The mention of the chief thing of a kind may include that whole kind: and the name of a thing which, by its ordinary or fair interpretation, embraces also other things, shall be held to include them, without specifying them. For example,

The word "horse" may include gelding, mare, colt, foal, and filly:

them, with which enactments are padded out to plethora, it is incredible how much brevity will be promoted, with its attendant graces and vir tues,-lucidness, neatness, accuracy. In short, it will be found that a half, a third, or a fourth, of the words now commonly used in Virginia statutes, would express their meaning BETTER than the whole does. The Greek proverb, that "a half is more than the whole,"-or Dean Swift's oft-quoted saying about two and two not always making four, in the arithmetic of the customs,-is perfectly appli

The word "cow” shall include bull, bullock, calf, cable here. heifer, steer, ox, and yearling:

To illustrate this further, we copy, exactly, a