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 offender and his accomplices may be punished; nevertheless, there is a natural compassion in the human heart, which makes all men detest the cruelty of torturing the accused in order to extort confession. The law has not condemned them, and yet, though uncertain of their crime, you inflict a punishment more horrible than that which they are to suffer when their guilt is confirmed. “Possibly thou mayst be innocent; but I will torture thee that I may be satisfied: not that I intend to make thee any recompence for the thousand deaths which I have made thee suffer, in lieu of that which is preparing for thee.” Who does not shudder at the idea? St. Augustin opposed such cruelty. The Romans tortured their slaves only; and Quintilian, recollecting that they were men, reproved the Romans for such want of humanity.

If there were but one nation in the world which had abolished the use of torture; if in that nation crimes were no more frequent than in others; and if that nation be more enlightened and more flourishing