miscellaneous papers(各种各样的文件)-第7章
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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 class 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
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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 passed away。
Hogarth's idle apprentice is hanged； but the whole scenewith 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 pocketis 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 documents； 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
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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 substituting 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
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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 Middlesex； spread over a space 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 illustration 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
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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 Lordships 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 Eldonall
Law Lordsopposed it。
The same Lord Tenterden manfully said； on
