I am certain; I have friends; my fortune is secure; my relations will never abandon me; I shall have justice done me; my work is good, it will be well received; what is owing to me will be paid; my friend will be faithful, he has sworn it; the minister will advance me — he has, by the way, promised it — all these are words which a man who has lived a short time in the world erases from his dictionary.

When the judges condemned L’Anglade, Le Brun, Calas, Sirven, Martin, Montbailli, and so many others, since acknowledged to have been innocent, they were certain, or they ought to have been certain, that all these unhappy men were guilty; yet they were deceived. There are two ways of being deceived; by false judgment and self-blindness — that of erring like a man of genius, and that of deciding like a fool.

The judges deceived themselves like men of genius in the affair of L’Anglade; they were blinded by dazzling appearances and did not sufficiently examine the probabilities on the other side. Their wisdom made them believe it certain that L’Anglade had committed a theft, which he certainly had not committed; and on this miserable uncertain certainty of the human mind, a gentleman was put to the ordinary and extraordinary question; subsequent thrown, without succor, into a dungeon and condemned to the galleys, where he died. His wife was shut up in another dungeon, with her daughter, aged seven years, who afterwards married a counsellor of the same parliament which had condemned her father to the galleys and her mother to banishment.

It is clear that the judges would not have pronounced this sentence had they been really certain. However, even at the time this sentence was passed several persons knew that the theft had been committed by a priest named Gagnat, associated with a highwayman, and the innocence of L’Anglade was not recognized till after his death.

They were in the same manner certain when, by a sentence in the first instance, they condemned to the wheel the innocent Le Brun, who, by an arrêt pronounced on his appeal, was broken on the rack, and died under the torture.

The examples of Calas and Sirven are well known, that of Martin is less so. He was an honest agriculturist near Bar in Lorraine. A villain stole his dress and in this dress murdered a traveller whom he knew to have money and whose route he had watched. Martin was accused, his dress was a witness against him; the judges regarded this evidence as a certainty. Not the past conduct of the prisoner, a numerous family whom he had brought up virtuously, neither the little money found on him, nor the extreme probability of his innocence — nothing could save him. The subaltern judge made a merit of his rigor. He condemned the innocent victim to be broken on the wheel, and, by an unhappy fatality the sentence was executed to the full extent. The senior Martin is broken alive, calling God to witness his innocence to his last breath; his family is dispersed, his little property is confiscated, and scarcely are his broken members exposed on the great road when the assassin who had committed the murder and theft is put in prison for another crime, and confesses on the rack, to which he is condemned in his turn, that he only was guilty of the crime for which Martin had suffered torture and death.

Montbailli, who slept with his wife, was accused with having, in concert with her, killed his mother, who had evidently died of apoplexy. The council of Arras condemned Montbailli to expire on the rack, and his wife to be burnt. Their innocence was discovered, but not until Montbailli had been tortured. Let us cease advertence to these melancholy adventures, which make us groan at the human condition; but let us continue to lament the pretended certainty of judges, when they pass such sentences.

There is no certainty, except when it is physically or morally impossible that the thing can be otherwise. What! is a strict demonstration necessary to enable us to assert that the surface of a sphere is equal to four times the area of its great circle; and is not one required to warrant taking away the life of a citizen by a disgraceful punishment?

If such is the misfortune of humanity that judges must be contented with extreme probabilities, they should at least consult the age, the rank, the conduct of the accused — the interest which he could have in committing the crime, and the interest of his enemies to destroy him. Every judge should say to himself: Will not posterity, will not entire Europe condemn my sentence? Shall I sleep tranquilly with my hands ............