Miscellaneous Papers Part 2

Does it prevent crime in those who attend executions?

There never is (and there never was) an execution at the Old Bailey in London, but the spectators include two large cla.s.ses of thieves-- one cla.s.s who go there as they would go to a dog-fight, or any other brutal sport, for the attraction and excitement of the spectacle; the other who make it a dry matter of business, and mix with the crowd solely to pick pockets. Add to these, the dissolute, the drunken, the most idle, profligate, and abandoned of both s.e.xes-- some moody ill-conditioned minds, drawn thither by a fearful interest--and some impelled by curiosity; of whom the greater part are of an age and temperament rendering the gratification of that curiosity highly dangerous to themselves and to society--and the great elements of the concourse are stated.

Nor is this a.s.semblage peculiar to London. It is the same in country towns, allowing for the different statistics of the population. It is the same in America. I was present at an execution in Rome, for a most treacherous and wicked murder, and not only saw the same kind of a.s.semblage there, but, wearing what is called a shooting-coat, with a great many pockets in it, felt innumerable hands busy in every one of them, close to the scaffold.

I have already mentioned that out of one hundred and sixty-seven convicts under sentence of death, questioned at different times in the performance of his duty by an English clergyman, there were only three who had not been spectators of executions. Mr. Wakefield, in his Facts relating to the Punishment of Death, goes into the working, as it were, of this sum. His testimony is extremely valuable, because it is the evidence of an educated and observing man, who, before having personal knowledge of the subject and of Newgate, was quite satisfied that the Punishment of Death should continue, but who, when he gained that experience, exerted himself to the utmost for its abolition, even at the pain of constant public reference in his own person to his own imprisonment. "It cannot be egotism", he reasonably observes, "that prompts a man to speak of himself in connection with Newgate."

"Whoever will undergo the pain," says Mr. Wakefield, "of witnessing the public destruction of a fellow-creature's life, in London, must be perfectly satisfied that in the great ma.s.s of spectators, the effect of the punishment is to excite sympathy for the criminal and hatred of the law. . . I am inclined to believe that the criminals of London, spoken of as a cla.s.s and allowing for exceptions, take the same sort of delight in witnessing executions, as the sportsman and soldier find in the dangers of hunting and war. . . I am confident that few Old Bailey Sessions pa.s.s without the trial of a boy, whose first thought of crime occurred whilst he was witnessing an execution. . . And one grown man, of great mental powers and superior education, who was acquitted of a charge of forgery, a.s.sured me that the first idea of committing a forgery occurred to him at the moment when he was accidentally witnessing the execution of Fauntleroy. To which it may be added, that Fauntleroy is said to have made precisely the same declaration in reference to the origin of his own criminality.

But one convict "who was within an ace of being hanged", among the many with whom Mr. Wakefield conversed, seems to me to have unconsciously put a question which the advocates of Capital Punishment would find it very difficult indeed to answer. "Have you often seen an execution?" asked Mr. Wakefield. "Yes, often." "Did it not frighten you?" "No. Why should it?"

It is very easy and very natural to turn from this ruffian, shocked by the hardened retort; but answer his question, why should it?

Should he be frightened by the sight of a dead man? We are born to die, he says, with a careless triumph. We are not born to the treadmill, or to servitude and slavery, or to banishment; but the executioner has done no more for that criminal than nature may do tomorrow for the judge, and will certainly do, in her own good time, for judge and jury, counsel and witnesses, turnkeys, hangman, and all. Should he be frightened by the manner of the death? It is horrible, truly, so horrible, that the law, afraid or ashamed of its own deed, hides the face of the struggling wretch it slays; but does this fact naturally awaken in such a man, terror--or defiance? Let the same man speak. "What did you think then?" asked Mr. Wakefield.

"Think? Why, I thought it was a--shame."

Disgust and indignation, or recklessness and indifference, or a morbid tendency to brood over the sight until temptation is engendered by it, are the inevitable consequences of the spectacle, according to the difference of habit and disposition in those who behold it. Why should it frighten or deter? We know it does not.

We know it from the police reports, and from the testimony of those who have experience of prisons and prisoners, and we may know it, on the occasion of an execution, by the evidence of our own senses; if we will be at the misery of using them for such a purpose. But why should it? Who would send his child or his apprentice, or what tutor would send his scholars, or what master would send his servants, to be deterred from vice by the spectacle of an execution?

If it be an example to criminals, and to criminals only, why are not the prisoners in Newgate brought out to see the show before the debtors' door? Why, while they are made parties to the condemned sermon, are they rigidly excluded from the improving postscript of the gallows? Because an execution is well known to be an utterly useless, barbarous, and brutalising sight, and because the sympathy of all beholders, who have any sympathy at all, is certain to be always with the criminal, and never with the law.

I learn from the newspaper accounts of every execution, how Mr. So- and-so, and Mr. Somebody else, and Mr. So-forth shook hands with the culprit, but I never find them shaking hands with the hangman. All kinds of attention and consideration are lavished on the one; but the other is universally avoided, like a pestilence. I want to know why so much sympathy is expended on the man who kills another in the vehemence of his own bad pa.s.sions, and why the man who kills him in the name of the law is shunned and fled from? Is it because the murderer is going to die? Then by no means put him to death. Is it because the hangman executes a law, which, when they once come near it face to face, all men instinctively revolt from? Then by all means change it. There is, there can be, no prevention in such a law.

It may be urged that Public Executions are not intended for the benefit of those dregs of society who habitually attend them. This is an absurdity, to which the obvious answer is, So much the worse.

If they be not considered with reference to that cla.s.s of persons, comprehending a great host of criminals in various stages of development, they ought to be, and must be. To lose sight of that consideration is to be irrational, unjust, and cruel. All other punishments are especially devised, with a reference to the rooted habits, propensities, and antipathies of criminals. And shall it be said, out of Bedlam, that this last punishment of all is alone to be made an exception from the rule, even where it is shown to be a means of propagating vice and crime?

But there may be people who do not attend executions, to whom the general fame and rumour of such scenes is an example, and a means of deterring from crime.

Who are they? We have seen that around Capital Punishment there lingers a fascination, urging weak and bad people towards it, and imparting an interest to details connected with it, and with malefactors awaiting it or suffering it, which even good and well- disposed people cannot withstand. We know that last-dying speeches and Newgate calendars are the favourite literature of very low intellects. The gallows is not appealed to as an example in the instruction of youth (unless they are training for it); nor are there condensed accounts of celebrated executions for the use of national schools. There is a story in an old spelling-book of a certain Don't Care who was hanged at last, but it is not understood to have had any remarkable effect on crimes or executions in the generation to which it belonged, and with which it has pa.s.sed away.

Hogarth's idle apprentice is hanged; but the whole scene--with the unmistakable stout lady, drunk and pious, in the cast; the quarrelling, blasphemy, lewdness, and uproar; Tiddy Doll vending his gingerbread, and the boys picking his pocket--is a bitter satire on the great example; as efficient then, as now.

Is it efficient to prevent crime? The parliamentary returns demonstrate that it is not. I was engaged in making some extracts from these doc.u.ments, when I found them so well abstracted in one of the papers published by the committee on this subject established at Aylesbury last year, by the humane exertions of Lord Nugent, that I am glad to quote the general results from its pages:

"In 1843 a return was laid on the table of the House of the commitments and executions for murder in England and Wales during the thirty years ending with December 1842, divided into five periods of six years each. It shows that in the last six years, from 1836 to 1842, during which there were only 50 executions, the commitments for murder were fewer by 61 than in the six years preceding with 74 executions; fewer by 63 than in the six years ending 1830 with 75 executions; fewer by 56 than in the six years ending 1824 with 94 executions; and fewer by 93 than in the six years ending 1818 when there was no less a number of executions than 122. But it may be said, perhaps, that in the inference we draw from this return, we are subst.i.tuting cause for effect, and that in each successive cycle, the number of murders decreased in consequence of the example of public executions in the cycle immediately preceding, and that it was for that reason there were fewer commitments. This might be said with some colour of truth, if the example had been taken from two successive cycles only. But when the comparative examples adduced are of no less than five successive cycles, and the result gradually and constantly progressive in the same direction, the relation of facts to each other is determined beyond all ground for dispute, namely, that the number of these crimes has diminished in consequence of the diminution of the number of executions. More especially when it is also remembered that it was immediately after the first of these cycles of five years, when there had been the greatest number of executions and the greatest number of murders, that the greatest number of persons were suddenly cast loose upon the country, without employ, by the reduction of the Army and Navy; that then came periods of great distress and great disturbance in the agricultural and manufacturing districts; and above all, that it was during the subsequent cycles that the most important mitigations were effected in the law, and that the Punishment of Death was taken away not only for crimes of stealth, such as cattle and horse stealing and forgery, of which crimes corresponding statistics show likewise a corresponding decrease, but for the crimes of violence too, tending to murder, such as are many of the incendiary offences, and such as are highway robbery and burglary. But another return, laid before the House at the same time, bears upon our argument, if possible, still more conclusively. In table 11 we have only the years which have occurred since 1810, in which all persons convicted of murder suffered death; and, compared with these an equal number of years in which the smallest proportion of persons convicted were executed.

In the first case there were 66 persons convicted, all of whom underwent the penalty of death; in the second 83 were convicted, of whom 31 only were executed. Now see how these two very different methods of dealing with the crime of murder affected the commission of it in the years immediately following. The number of commitments for murder, in the four years immediately following those in which all persons convicted were executed, was 270.

"In the four years immediately following those in which little more than one-third of the persons convicted were executed, there were but 222, being 48 less. If we compare the commitments in the following years with those in the first years, we shall find that, immediately after the examples of unsparing execution, the crime increased nearly 13 per cent., and that after commutation was the practice and capital punishment the exception, it decreased 17 per cent.

"In the same parliamentary return is an account of the commitments and executions in London and Middles.e.x, spread over a s.p.a.ce of 32 years, ending in 1842, divided into two cycles of 16 years each. In the first of these, 34 persons were convicted of murder, all of whom were executed. In the second, 27 were convicted, and only 17 executed. The commitments for murder during the latter long period, with 17 executions, were more than one half fewer than they had been in the former long period with exactly double the number of executions. This appears to us to be as conclusive upon our argument as any statistical ill.u.s.tration can be upon any argument professing to place successive events in the relation of cause and effect to each other. How justly then is it said in that able and useful periodical work, now in the course of publication at Glasgow, under the name of the Magazine of Popular Information on Capital and Secondary Punishment, 'the greater the number of executions, the greater the number of murders; the smaller the number of executions, the smaller the number of murders. The lives of her Majesty's subjects are less safe with a hundred executions a year than with fifty; less safe with fifty than with twenty-five.'"

Similar results have followed from rendering public executions more and more infrequent, in Tuscany, in Prussia, in France, in Belgium.

Wherever capital punishments are diminished in their number, there, crimes diminish in their number too.

But the very same advocates of the punishment of Death who contend, in the teeth of all facts and figures, that it does prevent crime, contend in the same breath against its abolition because it does not! "There are so many bad murders," say they, "and they follow in such quick succession, that the Punishment must not be repealed."

Why, is not this a reason, among others, for repealing it? Does it not go to show that it is ineffective as an example; that it fails to prevent crime; and that it is wholly inefficient to stay that imitation, or contagion, call it what you please, which brings one murder on the heels of another?

One forgery came crowding on another's heels in the same way, when the same punishment attached to that crime. Since it has been removed, forgeries have diminished in a most remarkable degree. Yet within five and thirty years, Lord Eldon, with tearful solemnity, imagined in the House of Lords as a possibility for their Lords.h.i.+ps to shudder at, that the time might come when some visionary and morbid person might even propose the abolition of the punishment of Death for forgery. And when it was proposed, Lords Lyndhurst, Wynford, Tenterden, and Eldon--all Law Lords--opposed it.

The same Lord Tenterden manfully said, on another occasion and another question, that he was glad the subject of the amendment of the laws had been taken up by Mr. Peel, "who had not been bred to the law; for those who were, were rendered dull, by habit, to many of its defects!" I would respectfully submit, in extension of this text, that a criminal judge is an excellent witness against the Punishment of Death, but a bad witness in its favour; and I will reserve this point for a few remarks in the next, concluding, Letter.

III

The last English Judge, I believe, who gave expression to a public and judicial opinion in favour of the punishment of Death, is Mr.

Justice Coleridge, who, in charging the Grand Jury at Hertford last year, took occasion to lament the presence of serious crimes in the calendar, and to say that he feared that they were referable to the comparative infrequency of Capital Punishment.

It is not incompatible with the utmost deference and respect for an authority so eminent, to say that, in this, Mr. Justice Coleridge was not supported by facts, but quite the reverse. He went out of his way to found a general a.s.sumption on certain very limited and partial grounds, and even on those grounds was wrong. For among the few crimes which he instanced, murder stood prominently forth. Now persons found guilty of murder are more certainly and unsparingly hanged at this time, as the Parliamentary Returns demonstrate, than such criminals ever were. So how can the decline of public executions affect that cla.s.s of crimes? As to persons committing murder, and yet not found guilty of it by juries, they escape solely because there are many public executions--not because there are none or few.

But when I submit that a criminal judge is an excellent witness against Capital Punishment, but a bad witness in its favour, I do so on more broad and general grounds than apply to this error in fact and deduction (so I presume to consider it) on the part of the distinguished judge in question. And they are grounds which do not apply offensively to judges, as a cla.s.s; than whom there are no authorities in England so deserving of general respect and confidence, or so possessed of it; but which apply alike to all men in their several degrees and pursuits.

It is certain that men contract a general liking for those things which they have studied at great cost of time and intellect, and their proficiency in which has led to their becoming distinguished and successful. It is certain that out of this feeling arises, not only that pa.s.sive blindness to their defects of which the example given by my Lord Tenterden was quoted in the last letter, but an active disposition to advocate and defend them. If it were otherwise; if it were not for this spirit of interest and partisans.h.i.+p; no single pursuit could have that attraction for its votaries which most pursuits in course of time establish. Thus legal authorities are usually jealous of innovations on legal principles. Thus it is described of the lawyer in the Introductory Discourse to the Description of Utopia, that he said of a proposal against Capital Punishment, "'this could never be so established in England but that it must needs bring the weal-public into great jeopardy and hazard', and as he was thus saying, he shaked his head, and made a wry mouth, and so he held his peace". Thus the Recorder of London, in 1811, objected to "the capital part being taken off"

from the offence of picking pockets. Thus the Lord Chancellor, in 1813, objected to the removal of the penalty of death from the offence of stealing to the amount of five s.h.i.+llings from a shop.

Thus, Lord Ellenborough, in 1820, antic.i.p.ated the worst effects from there being no punishment of death for stealing five s.h.i.+llings worth of wet linen from a bleaching ground. Thus the Solicitor General, in 1830, advocated the punishment of death for forgery, and "the satisfaction of thinking" in the teeth of mountains of evidence from bankers and other injured parties (one thousand bankers alone!) "that he was deterring persons from the commission of crime, by the severity of the law". Thus, Mr. Justice Coleridge delivered his charge at Hertford in 1845. Thus there were in the criminal code of England, in 1790, one hundred and sixty crimes punishable with death. Thus the lawyer has said, again and again, in his generation, that any change in such a state of things "must needs bring the weal-public into jeopardy and hazard". And thus he has, all through the dismal history, "shaked his head, and made a wry mouth, and held his peace". Except--a glorious exception!--when such lawyers as Bacon, More, Blackstone, Romilly, and--let us ever gratefully remember--in later times Mr. Basil Montagu, have striven, each in his day, within the utmost limits of the endurance of the mistaken feeling of the people or the legislature of the time, to champion and maintain the truth.

There is another and a stronger reason still, why a criminal judge is a bad witness in favour of the punishment of Death. He is a chief actor in the terrible drama of a trial, where the life or death of a fellow creature is at issue. No one who has seen such a trial can fail to know, or can ever forget, its intense interest. I care not how painful this interest is to the good, wise judge upon the bench. I admit its painful nature, and the judge's goodness and wisdom to the fullest extent--but I submit that his prominent share in the excitement of such a trial, and the dread mystery involved, has a tendency to bewilder and confuse the judge upon the general subject of that penalty. I know the solemn pause before the verdict, the bush and stifling of the fever in the court, the solitary figure brought back to the bar, and standing there, observed of all the outstretched heads and gleaming eyes, to be next minute stricken dead as one may say, among them. I know the thrill that goes round when the black cap is put on, and how there will be shrieks among the women, and a taking out of some one in a swoon; and, when the judge's faltering voice delivers sentence, how awfully the prisoner and he confront each other; two mere men, destined one day, however far removed from one another at this time, to stand alike as suppliants at the bar of G.o.d. I know all this, I can imagine what the office of the judge costs in this execution of it; but I say that in these strong sensations he is lost, and is unable to abstract the penalty as a preventive or example, from an experience of it, and from a.s.sociations surrounding it, which are and can be, only his, and his alone.

Not to contend that there is no amount of wig or ermine that can change the nature of the man inside; not to say that the nature of a judge may be, like the dyer's hand, subdued to what it works in, and may become too used to this punishment of death to consider it quite dispa.s.sionately; not to say that it may possibly be inconsistent to have, deciding as calm authorities in favour of death, judges who have been constantly sentencing to death;--I contend that for the reasons I have stated alone, a judge, and especially a criminal judge, is a bad witness for the punishment but an excellent witness against it, inasmuch as in the latter case his conviction of its inutility has been so strong and paramount as utterly to beat down and conquer these adverse incidents. I have no scruple in stating this position, because, for anything I know, the majority of excellent judges now on the bench may have overcome them, and may be opposed to the punishment of Death under any circ.u.mstances.

I mentioned that I would devote a portion of this letter to a few prominent ill.u.s.trations of each head of objection to the punishment of Death. Those on record are so very numerous that selection is extremely difficult; but in reference to the possibility of mistake, and the impossibility of reparation, one case is as good (I should rather say as bad) as a hundred; and if there were none but Eliza Fenning's, that would be sufficient. Nay, if there were none at all, it would be enough to sustain this objection, that men of finite and limited judgment do inflict, on testimony which admits of doubt, an infinite and irreparable punishment. But there are on record numerous instances of mistake; many of them very generally known and immediately recognisable in the following summary, which I copy from the New York Report already referred to.

"There have been cases in which groans have been heard in the apartment of the crime, which have attracted the steps of those on whose testimony the case has turned--when, on proceeding to the spot, they have found a man bending over the murdered body, a lantern in the left hand, and the knife yet dripping with the warm current in the blood-stained right, with horror-stricken countenance, and lips which, in the presence of the dead, seem to refuse to deny the crime in the very act of which he is thus surprised--and yet the man has been, many years after, when his memory alone could be benefited by the discovery, ascertained not to have been the real murderer! There have been cases in which, in a house in which were two persons alone, a murder has been committed on one of them--when many additional circ.u.mstances have fastened the imputation upon the other--and when, all apparent modes of access from without, being closed inward, the demonstration has seemed complete of the guilt for which that other has suffered the doom of the law--yet suffered innocently! There have been cases in which a father has been found murdered in an outhouse, the only person at home being a son, sworn by a sister to have been dissolute and undutiful, and anxious for the death of the father, and succession to the family property--when the track of his shoes in the snow is found from the house to the spot of the murder, and the hammer with which it was committed (known as his own), found, on a search, in the corner of one of his private drawers, with the b.l.o.o.d.y evidence of the deed only imperfectly effaced from it--and yet the son has been innocent!--the sister, years after, on her death-bed, confessing herself the fratricide as well as the parricide. There have been cases in which men have been hung on the most positive testimony to ident.i.ty (aided by many suspicious circ.u.mstances), by persons familiar with their appearance, which have afterwards proved grievous mistakes, growing out of remarkable personal resemblance.

There have been cases in which two men have been seen fighting in a field--an old enmity existing between them--the one found dead, killed by a stab from a pitchfork known as belonging to the other, and which that other had been carrying, the pitch-fork lying by the side of the murdered man--and yet its owner has been afterwards found not to have been the author of the murder of which it had been the instrument, the true murderer sitting on the jury that tried him. There have been cases in which an innkeeper has been charged by one of his servants with the murder of a traveller, the servant deposing to having seen his master on the stranger's bed, strangling him, and afterwards rifling his pockets--another servant deposing that she saw him come down at that time at a very early hour in the morning, steal into the garden, take gold from his pocket, and carefully wrapping it up bury it in a designated spot--on the search of which the ground is found loose and freshly dug, and a sum of thirty pounds in gold found buried according to the description--the master, who confessed the burying of the money, with many evidences of guilt in his hesitation and confusion, has been hung of course, and proved innocent only too late. There have been cases in which a traveller has been robbed on the highway of twenty guineas, which he had taken the precaution to mark--one of these is found to have been paid away or changed by one of the servants of the inn which the traveller reaches the same evening--the servant is about the height of the robber, who had been cloaked and disguised--his master deposes to his having been recently unaccountably extravagant and flush of gold--and on his trunk being searched the other nineteen marked guineas and the traveller's purse are found there, the servant being asleep at the time, half-drunk--he is of course convicted and hung, for the crime of which his master was the author! There have been cases in which a father and daughter have been overheard in violent dispute--the words "barbarity", "cruelly", and "death", being heard frequently to proceed from the latter--the former goes out locking the door behind him--groans are overheard, and the words, "cruel father, thou art the cause of my death!"--on the room being opened she is found on the point of death from a wound in her side, and near her the knife with which it had been inflicted--and on being questioned as to her owing her death to her father, her last motion before expiring is an expression of a.s.sent-- the father, on returning to the room, exhibits the usual evidences of guilt--he, too, is of course hung--and it is not till nearly a year afterwards that, on the discovery of conclusive evidence that it was a suicide, the vain reparation is made, to his memory by the public authorities, of--waving a pair of colours over his grave in token of the recognition of his innocence."

More than a hundred such cases are known, it is said in this Report, in English criminal jurisprudence. The same Report contains three striking cases of supposed criminals being unjustly hanged in America; and also five more in which people whose innocence was not afterwards established were put to death on evidence as purely circ.u.mstantial and as doubtful, to say the least of it, as any that was held to be sufficient in this general summary of legal murders.

Mr. O'Connell defended, in Ireland, within five and twenty years, three brothers who were hanged for a murder of which they were afterwards shown to have been innocent. I cannot find the reference at this moment, but I have seen it stated on good authority, that but for the exertions, I think of the present Lord Chief Baron, six or seven innocent men would certainly have been hanged. Such are the instances of wrong judgment which are known to us. How many more there may be in which the real murderers never disclosed their guilt, or were never discovered, and where the odium of great crimes still rests on guiltless people long since resolved to dust in their untimely graves, no human power can tell.

The effect of public executions on those who witness them, requires no better ill.u.s.tration, and can have none, than the scene which any execution in itself presents, and the general Police-office knowledge of the offences arising out of them. I have stated my belief that the study of rude scenes leads to the disregard of human life, and to murder. Referring, since that expression of opinion, to the very last trial for murder in London, I have made inquiry, and am a.s.sured that the youth now under sentence of death in Newgate for the murder of his master in Drury Lane, was a vigilant spectator of the three last public executions in this City. What effects a daily increasing familiarity with the scaffold, and with death upon it, wrought in France in the Great Revolution, everybody knows. In reference to this very question of Capital Punishment, Robespierre himself, before he was

"in blood stept in so far",

warned the National a.s.sembly that in taking human life, and in displaying before the eyes of the people scenes of cruelty and the bodies of murdered men, the law awakened ferocious prejudices, which gave birth to a long and growing train of their own kind. With how much reason this was said, let his own detestable name bear witness!

If we would know how callous and hardened society, even in a peaceful and settled state, becomes to public executions when they are frequent, let us recollect how few they were who made the last attempt to stay the dreadful Monday-morning spectacles of men and women strung up in a row for crimes as different in their degree as our whole social scheme is different in its component parts, which, within some fifteen years or so, made human shambles of the Old Bailey.

There is no better way of testing the effect of public executions on those who do not actually behold them, but who read of them and know of them, than by inquiring into their efficiency in preventing crime. In this respect they have always, and in all countries, failed. According to all facts and figures, failed. In Russia, in Spain, in France, in Italy, in Belgium, in Sweden, in England, there has been one result. In Bombay, during the Recorders.h.i.+p of Sir James Macintosh, there were fewer crimes in seven years without one execution, than in the preceding seven years with forty-seven executions; notwithstanding that in the seven years without capital punishment, the population had greatly increased, and there had been a large accession to the numbers of the ignorant and licentious soldiery, with whom the more violent offences originated. During the four wickedest years of the Bank of England (from 1814 to 1817, inclusive), when the one-pound note capital prosecutions were most numerous and shocking, the number of forged one-pound notes discovered by the Bank steadily increased, from the gross amount in the first year of 10,342 pounds, to the gross amount in the last of 28,412 pounds. But in every branch of this part of the subject--the inefficiency of capital punishment to prevent crime, and its efficiency to produce it--the body of evidence (if there were s.p.a.ce to quote or a.n.a.lyse it here) is overpowering and resistless.

I have purposely deferred until now any reference to one objection which is urged against the abolition of capital punishment: I mean that objection which claims to rest on Scriptural authority.

It was excellently well said by Lord Melbourne, that no cla.s.s of persons can be shown to be very miserable and oppressed, but some supporters of things as they are will immediately rise up and a.s.sert--not that those persons are moderately well to do, or that their lot in life has a reasonably bright side--but that they are, of all sorts and conditions of men, the happiest. In like manner, when a certain proceeding or inst.i.tution is shown to be very wrong indeed, there is a cla.s.s of people who rush to the fountainhead at once, and will have no less an authority for it than the Bible, on any terms.

So, we have the Bible appealed to in behalf of Capital Punishment.

So, we have the Bible produced as a distinct authority for Slavery.

So, American representatives find the t.i.tle of their country to the Oregon territory distinctly laid down in the Book of Genesis. So, in course of time, we shall find Repudiation, perhaps, expressly commanded in the Sacred Writings.