condoecet: a biography. 219 



addressed to the Swiss nation , tbe convention bas already pronounced 

 upon tbe culpability of tbe Kinjj^. Condorcet as to tbe rest demanded 

 tbat in the case of condemnation, tbe rijjbt should be reserved of mitigat- 

 ing tbe punishment. "To pardon tbe King," said be, "may become 

 an act of prudence ; to conserve the power to do so is an act of wisdom." 



It is in the same discourse that I read tbe words, whose beauty are 

 enhanced by the solemn circumstances of tbe speaker: 



"1 believe the punishment by death unjust. * * * The abolition 

 of the death penalty would be one of tbe most efficacious means of ele- 

 vating the human species by assisting to destroy the inclination to- 

 wards ferocity, which has long dishonored it. * * * Punishments 

 which allow correction and repentance, are alone suitable for the regen- 

 eration of the race." 



The convention, scorning all tbe scruples Condorcet bad raised, con- 

 stituted itself a sovereign tribunal for tbe trial of Louis XVI. Our 

 brother did not decline to take part. Was this one of those cases in 

 the body politic, when tbe minority must blindly submit to tbe yoke 

 •of the umjority'? The most criminal of usurpations is, without con- 

 tradiction, tbat of the judicial power; it wounds both the intelligence 

 and the heart. On such a subject, could the testimony of the con- 

 science be placed in the balance against the material result of the 

 ballot ? Let us not always carry severity to tbe extreme ; let us remem- 

 ber that in the open sea, in tbe midst of the storm, even tbe most in- 

 trepid sailor is sometimes seized with dizziness the timid landsman safe 

 on shore bas never experienced. It would certainly have been more 

 Roman to have refused the function of judge; it was more human, accord- 

 ing to tbe ideas of Condorcet, to accept it. Condorcet refused to vote 

 for tbe punishment of death. Any other penalty he considered could be 

 awarded, and he demanded an appeal to the people. 



Discussion of the constitution or the second year. — Condor- 

 cet AN OUTLAW — His re'jrbat with Madame Vernet — His sketch 



of a history of the PROGRESS OF THE HUMAN MIND.— FLIGHT OF 



Condorcet — His death. 



Of all tbe writings of Condorcet none exercised so fatal an influence 

 upon bis destiny as tbe plan for the constitution for the second year. 



In the midst of the incomparable efforts made by tbe convention to 

 repulse the armed enemy, to suppress the civil war, to create financial 

 resources, to resupply tbe arsenals, tbe political organization of the 

 country was not forgotten ; a commission composed of nine of its mem- 

 bers was intrusted with tbe preparation of a new constitution. Con- 

 dorcet was one of the nine. After several months of assiduous labor 

 and of profound discussion, this commission presented, on the loth and 

 IGth of February, 1793, the result of its deliberation. The new plan 

 of tbe constitution consisted of not less than thirteen heads, sub- 



