w^ Tallack The Practical Results of the Total or Partial Abolition of Capital^ Punishment THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES THE PliACTICAL RESULTS OF THE TOTAL OK PARTIAL ABOLITION OF CAPITAL PUNISHMENT IN VARIOUS COUNTRIES. [Prepared as a summary of the moat recent and authentic information on the subject, and inclusive of statistica and reports forwarded to tho Royal Com- mission on Capital Punishment.] WILLIAM TALLAGE, ^ECRETAJIT TO THE BOClETt TOE THE ABOLITIOH OF CAriTlL PUM8HHENT. (Read in the Jurispnidevcc Department of the Social 'Science Congress, held at Sheffield, October, IS(j5.) SOCIETY FOR THE ABOLITION OF CAPITAL PUNISHMENT. OrricE: 36, Soctuamptok Street, Strand, Londok, W.C. 18CG. SOCIETY FOR THE Ar,OElTI0\ OF CAPITAl PUNISHMENT. C^rcnsnrtr. SAMUEL GURNEY, Ehq., M.P. I^onorarn ^ccrtlarits. THOMAS BEGGS, tjq. CHARLES WISE, E»q. ^tcrtlarg. Mr. WILLIAM TALLACK. The Conunittec, tliinking tliat it would be gratify- ing to their subscribers ami tViciuls to possess the iiifoniiation contained in Mr. Tallack's paper, have decided to anticipate tlic pul)lication of the Kepoii of the Proceedings of the National Social Science Asso- ciation, and print it in a separate form. This gives them an opportunity of brief explanation as to tlie action of the Society during the last year, and the present aspects of the question. They arc much encouraged by tlic laboui*s of tlic I Commission, the Report of which in all j)robabilit\ ' will be ready by the opening of Parlianieut. Althou-li Sir George Grey is not favourable to the vie?rs oi the Society, the Commission Avas appointed with the greatest fairness, and tlie most courteous attention lias been paid to every suggestion made by the Com- mittee as to evidence, and the proper persons to be examined. During the sittings of the Commission, the Com- mittee felt it right to suspend in some degree their ordinary operations, and they instructed the Secretary to devote as much time as possible to the collection of information, especially from foreign sources and those least accessible to the British public. This has been a labour of much toil and difficulty, but has resulted, as the present paper will show, in a compila- tion of evidence of the most instructive and satisfactory kind. The correspondence elicited the fact that the subject of capital punishment is occupying the atten- tion of the most distinguished philanthro])ists and jurists in all parts of Europe and America. The Com- mittee rejoice to find that their labours were accept- able and they believe serviceable to the Commission. A further account of the last year's efforts appears in the Society's report for 18G5, issued this month. London, January, 1866. 1-^85287 The Practical licsults of the Total or Partial Aholition of Capital Punishment in Various Countries ; Prepared as a Sumynari/ of the most Recent and Authentic Information on the Subject. Ihj William Tallack, Secretary to the Societi/ for the Abolition of Capital PHnishmcnt. IT is not intended, in this paper, to enter upon the general question of capital punishment, Imt rather to present a summary of facts and historical results illustiating its practical aspects. Ah a Royul Commission has been appointed to incjuire into the whole subject, the Committee of the Society for the Abolition of Capital Puuishment judged it important to collect evidence from the different states of Europe and America, in order that they might be prepared, if invited, to offer it to the Commission. With this view, the writer was instructed, by the Committee of the Society, to enter upon a general correspondence and investigation respecting the experience of various countries in relation to the total or partial abolition of the death penalty. These countries are the following, in addition to our own, viz. : France, Kussia, Austria, Prussia, Portugal, Belgium, Italy (particularly the province of Tuscany), Bavaria, Wurtcmburg, Baden, Oldenburg, lirunswick, Nassau, Switzorlaritl (especially the two cantons of Freiburg and Neufchalel), the Danubian Priiiripalities, and certain of the United States of America, as Michigan, Wisconsin, Rhode Island, Maine, Massa- chusetts, New York, and Pennsylvania. Taking a glance at the experience of these nations, separately, wc will commence with France. FRANCK. The advocates for the removal of the death-penalty find encou- raging results in the officially published statist ics of France, a country with a population of 40,0<»0,0(X) inhabitants. Under the old French legislation, 11.5 crimes were capital. The code of IT'Jl reduced them to 32, and that of the Empire in 1810 to 27. The revised code of 1832 further reduced them to 17, and V subsequent changes have made them only lo. Thus exactly 100 crimes hare been rendered non-capital, in France, in 75 years. King Louis Philippe's experience and observation convinced him of the inofficacy of capital punishment, and, as a great step towards it, he secured, in 1832, the power of juries to return verdicts of " guilty with extenuating circumstances " on murder trials. Such a verdict renders it compulsory on the court to lower the penalty at least one degree. Since 1832 this power has been largely exercised, and in some instances, perhaps, carried to an excess. But notwith- standing this, and the greatly reduced number of executions, we have the official testimony of the Keeper of the Seals (Garde dcs Sceaux), fliat the marked diminution of capital j)unishment during the last 30 years has not caused crime to increase, but that, ou the contrary, there has been a decrease. The correctness of this state- fBent is conlirmed by the published official statistics of France, extending over that period, and which show that there were< in the five years ending 1860, fewer committals for homicidal crime than in the corresponding period 30 years previously, notwithstanding the great increase of population and the extensive exercise of the prerogative of mercy, both by juries and by the sovereign. The latest experience of France runs in the same direction, for there were but five executions in that country in 1864, and only 9 capital sentences passed, after a continued decrease in the number of executions during 30 years. Date. 182C-1830 1831-1835 183C.1840 1841-1845 184G-1850 1851-1855 1856-18G0 Committed for all Homicidal Crimo. 702 732 714 715 709 750 6G0 Average Annual Condemnations to Death for ditto. Ill 66 30 48 49 53 Duto. 1861 1862 1863 1804 Capitally Condoiiiued. 26 39 20 y Executed. 14 11 G RUSSIA. There is a. considcraldo dcf^rro of inifundcrstnndlnjj prevalent rcspoctiiig the iiittTiinl and sooinl condition of tlii.s vast empire. Notwitlistandinpj many relicH of barharism, which are, however, rapidly disappearing, Kii.<itnl punish- ment ; and that the great majority of those transported becoi.ic reformed characters, while most of those who are imj)risoned grow worse instead of better. It is only during the last few years that a .systematic registration of official statistics has been instituteil in Ru.ssia, and it is as yet too early to expect their publication to any satisfactory extent. But the statement just quoted from a Russian provincial governor is fully confirmed by the description contained in an interesting work pub- lished in 1864, "The Siberian Overland lioute," by Alexander Michie, Esq. According lo the report of this author, the problem . 7 of the successful treatment of convicts, for capital crimes or other- wise, appears to liave been solved more successfully by Russia than perhaps by any other country. He states (p, 321) that — " Eastern Siberia may be said to bo entirely peopled by the descendants of convicts. These belong to two categories : those who are condemned for capital crimes, and those who arc expatriated for minor offences. The criminal who belongs to the first category, when he has under- gone the corporal punishment allotted to him, and served his term of hard labour, generally mitigated, in the Government mines, has a portion of land granted him on being released from liis confine- ment." Here we see the adoption of the two chief essentials which all experience has proved necessary for successful convict treatment, viz., the improving discipline of prolonged lial»its of labour, com- bined Avith and sustained by some element of hope for amelioration as an attainable result of industry. The exiles travel in sledges or carts, and in general arc treated kindly. They arc, on system, widely scattered over Siberia. Attempts to escape are very rare, but are severely punished when they occur. The convicts arc not permitted to return to Russia, but they may have as much land as they can individually cultivate, and may retain it for themselves and their families. Mr. Michie speaks of Siberia as being a land of settled communities, enjoying all the amenities of civilised life. Altogether, it appears that capital punishment has been nearly discontinued in Russia for a long perioil, without inconvenience and with decided advantages. This applies both to crime in general and to the particular class of homicidal crime, which alone is deemed in many other countries to demand its infliction. AUSTRIA. The information received from Austria is very limited, but such as it is, it appears favourable. In that country, notwithstanding the severe treatment of political ofi'enders, capital punishment is not inflicted on merely circumstantial evidence, neither in the case of minors. The exercise of the Imperial prerogative of mercy is carried to an extraordinary extent. In 1852-3 only 8 per cent, of the cri- minals sentcnceil to death were executed ; the sentences of 92 per cent, being commuted ! In the last ten years, ending 18G4, only 5 per cent, of the condemned have been executed, i)o per cent, being commuted ! But capital crimes do not appear to have increased. In 1831 the condenmalions were 42 ; in 1H43 they were 30. At the Hungarian Revolutionary period, from 184.3-48, they rose nearly to an average of 90. In 1862, notwithstanding the vast exercise of mercy in recent years, the capital condemnations were only 37. PRUSSIA. Undor the present penal code of Prussia about twelve crimes are capital. It is stated that, as compared with the former severer code, there has been a marked increase in the committals for crimes which are now no lonf:er capital. Assuming the truth of this, althoup;h in the absence of statistical proof, there is good reason, from the experience of other countries, to infer that on the removal of the capital penalty for these minor crimes the commitments for trial immediately increased, through the willingness of prosecutors to seek, conviction and punishment in a class of cases which they had been reluctant to press previously to the penal amelioration. There has of late been a remarkable increase in the exercise of the prero- gative of mercy in Prussia by a great extension of commutations for murder through the imposition of life-imprisonment instead of death. This appears to have produced no increase of the crime, but the contrary. The Prussian Government must have had strong practical reasons for reducing, as it has done, the number of execu- tions for murder from 102 in the five years ending 185 7, to 13 in the similar period ending 1SG2. Their wisdom is justilied by the result ; for although the executions for murder in the latter five years were 89 fewer than in the Ibrmer, yet the number of murderers convicted did not increase, but, on the contrary, decreased by 31. Thus, so far as Prussian experience goes, it tends decidedly to prove the superior security arising from the substitution of a severe secondary punishment instead of the capital one. (From Official Statistics.) Recent sentences and executions for murder only in Prussia : — Date. Sentenced to Death. Execated. lSu3 37 28 1851 30 23 1855 83 20 1856 27 ly 1807 81 12 Total in 5 years - 158 Total in 5 years 102 =■* 18.08 26 8 1859 21 2 1800 20 18G1 32 4 1862 ... 28 2 Total in 5 years - 127 Totalin5years 1.1 BELGIUM. The abolition of capital punishment has long had many encrf^etic advocates in Belgium, including some of the principal Ministers of State. For a period of five years, namely, from I8.j0 to 1834, their influence was so considerable as to induce the Government virtually to suspend the capital penalty, and no execution took place durin" that term. The result was so satisfactory that in those five years only 22 persons were condemned for homicidal crimes — a con- siderably smaller number than for any preceding five years of the present century. In the five years ending 1829 there were 22 executions in Belgium. But in the next five years, with no execu- tions at all, there were fewer murders committed than previously. Nevertheless, owing to the fears of certain influential parties, capital j)unishment Avas resumed in 1835, though to a far more limited extent than in former years. Four persons were cxec jatcd during , the ensuing fiv e ye ars ending 1839, but thecommiaals fai- lioniicidal/^ ^ crjin cs, which for 3 o~yea r3 past Lad I> ech~steadi l^decreasi ng, no w^^— -^ rose nearly 50 per cent, as compared with the preceding non-capital pimishinej vt period. A lthough the experiment of abolition was not ~ continued in its entirety. It so far satisfied all parties in Belgium that there has been a great and permanent diminution of executions ever since. The most recent Belgian experience tends to a resumption of the entire abolition of the capital penalty, for latterly with more than 75 per cent reduction in the number of executions, there has been a decrease of capital crime in spite of an increase of population. The writer has been informed by M. Visschers, connected with the Belgian Government and a well-known philanthropist, that the recent repeated commutations of capital sentences, even in the most aggravated cases of murder, indicate a conclusion on the part of the authorities to retnrn to the policy of the period from 1830 to 1834, that is, again virtually to suspend death-punishments altogether. But whether or not this course be adopted in its entirety, at any rate the experience of Belgium for more than half a century has greatly encouraged the opponents of capital punishment both in that country and elsewhere. M. Ducpctiaux, Inspector of Prisons, in a work published during the present year, states that in the four provinces of Liege, Limbourg, Luxembourg and Namur, only one execution has taken place for 40 years, and that nevertheless grave crimes are known to be relatively much more rare in these districts than in the other provinces. This may, it is true, be owing to independent causes, but it happens to be quite in harmony with the other experiences of the abolition of the death penalty. Professors Nypels and Thonissen, Dr. Desoer, M. Auguste Bury, and other gentlemen, have recently issued a series of pamphlets, published at Liege, reviewing the penal experiences of Belgium, aud 10 urging tbo prnctical adoption of the lesson tuught by those ex- periences, viz., that crime is more efTocttuilly rostriiincd and punished by severe seconthiry rather tlian by necessarily uncertain capital penalties. M. dc Bavny, Belgian Attoruey-Gonoral, in a speech at Brussels in October, lbG3, showed thiit in Belgium condemned homicides have 9.'{ per cent, of chances for escaping execution, inasmuch as since ISSl there have been pronounced 755 capital sentences, out of 2,970 committals, which have been followed by only 52 executions, or rather less than 7 per cent., being only one execution out of 14 condemnations and 57 committals ! In Belgium the commutations of capital sentences result in lengthened imprisonment, sometimes for life, but generally for a shorter period. In the Ghent prison there are about 400 of these prisoners for long terms. Visitors who have inspected it report very favourably on the condition of the inmates. The separate or cellular system has not beiMi introduced into that prison, but is being adopted in the more modern ones. One of the cases which has claimed King Leopold's clemency is very suggestive. In 1842 three hawkers were condemned to death for crimes of the most aggravated description ; but a commutation to imprisonment for life was granted. Eventually another man confessed the crime and chargi-d two others as accomplices. The latter were subsequently conJemned for it, and the first three liberated with life-annuities by way of compensation, Belgian Statistics. Date. Total Executed. t oudonined for Honiicidiil Crime* Condemned to Death lor other Crimes. lSOO-1804 235 150 2(i3 ij>or)-i8(X) 8S 82 70 lSlO-1814 71 04 49 ]Hir,.lM'.t 26 42 29 1820-1824 23 38 1^20-1829 22 31 40 1830-1834 O.J 38 1835-1839 4 31 49 I xecuted. 11 TUSCAN Tuscany was the first European state to make the experiment of the total abolition of capital punishment. From a conviction of its inefficiency it was virtually abolished by the Grand Duke Leopold in the year 1774, and further repealed by statute in 1786. Never- theless, murders in Tuscany decreased. About this period the French Revolution convulsed Europe, and in consequence of the ensuing political agitations and of a dread of conspiracies, the death-penalty was re-enacted, but still not actually enforced, in Tuscany, in 1790 ; but no execution occurred in that state from 1774 to 1799, a period of 25 years. During the first 30 years of the present century the scaffold was very rarely raised in Tuscany, but iu 1830 two executions took place, one at Pisa, and one at Florence. On this occasion the inhabitants of the latter city testiiied their horror of the punishment by deserting the streets, and closing their windows and shops. In 1841 Professor Mittermaier, the eminent German jurist, Avas at Florence, and, during a conversation with the Grand Duke, the latter, alluding to the execution iu 1830, stated "that the people had taught him such a lesson that in future no executions should take place in his dominions, especially as the reports of the authorities were unanimously in favour of the abolition of capital punishment." (Quoted from " Mittermaier's account," edited by Mr. Moir, p. 72.) No execution has taken place in Tuscany since 1830, a period of 35 years. There have, however, been several nominal changes in the enactments respecting capital punishment. In 1847 it was a second time abolished by statute in consequence of its virtual disuse for so long a period. In 1848, and subsequently, revolution again disturbed Italy, and in 1852 it was deemed necessary to re-enact capital punishment in Tuscany ; but still it was not actually enforced, and the popular disapprobation of its renewed legalisation was general and effectual. In 1859 and 1860, after the union of Tuscany to the new Kingdom of Italy, capital punishment was a thi rd_tiia ft nbnlisTiPf l by statute. This abolifiolTi^'specTaTry recognised by the new Italian Code of T860, and is the present condition of Tuscan law on the subject. In proof of the success of the abolition of the death-punishment in Tuscany, at various periods. Professor Mittermaier quotes the Count de Menau, French Governor of that province under Napoleon I. In a report to the Emperor he stated that under the Grand Duke Leopold, the number of crimes committed was less than half of those perpetrated under the King of Etruria, who governed rigorously. In 1811 Signor Puccini, President of the Court of Appeal in 12 Florenco, informed Dr. l\Iittcrniaier that, nccordinj]; to his experience, the abolition of capital pimishment in Tuscany had no evil conse- quences. Mittornuiicr also states that '' the great majority of the Tuscan jurists agree in thinking that capital punishment never ought to he re-enacted." In confirmation of this, he quotes testimonies from the highest Tuscan oilicials, including Signor Lami, Procurator- General, De Bologna, President of Police, and Signor Peri, Director- General of Prisons. In I860, in the Italian Chamber of Deputies at Turin, Signor Mancini jjublicly interpolated the Minister of Justice, as to his having forwarded certain alleged defective and somewhat unfavourable statistics to the English Royal Commission on Capital Punishment. The minister, Signor Vacca, in reply, admitted that the .said statistics were very defective, and further declared that he was in favour of abolishing capital punishment throughout Italy, but considered the present time inoj)portune for such a measure. (See Italian journals, March, I860 ; also the Times, March, 9.) Signor Mancini quoted in the Italian Parliament, in 1865, recent Tuscan statistics extending over 18 years (1847-1864), showing no increase in homicidal crimes, but on the contrary a relative decrease considering the increase of population. In concluding this brief review of Tuscan experience, we may reasonably infer that if the Government and people of that state had found the abolition of capital punishment to be a practical failure, they would not have continued its suspension, as they have done, for two long periods of 2.3 and 35 years ; nor would they, after 90 years' interval since its first virtual disuse, have enforced, as they have recently, the third legal repeal and still existing discontinuance of the death-penalty. Capital punishment was virtually abolished in Tuscany in 1774. It remains both virtually and legally abolished there in 1865. As regards the death-penalty in the other Italian states, it may be here noticed that a wide-spread demand has recently been made for ita abolition. Large public meetings for that object have been held in the chief cities. Garil)aldi has given in his adhesion to the move- ment, in a letter to the citizens of Brescia, dated January 2, 1865, and a measure for the abolition throughout Italy was introduced into the legislature of Turin, during the present year, and although rejected in the Senate, passed the Chamber of Deputies by 150 votea against 91, a majority in its favour of 59, or rather more than three to two. The statistics alluded to in the Italian Legislature by (he Minister of Justice, and acknowledged by him as defective, merely extend over two short periods, amounting together to somewhat less than twelve years, from 1852 to 1864. As such they indicated that whilst homicide in general had decreased under the le-enacted abolition of the death-penalty, yet that premeditated murder had increased. But during neither period had there been any execution. 13 Signer Mancini quoted in'the Chamber of Deputies the following statistics, extending "over 18''years : — 1. Disthict of Court of Appeal of Florence. Oct. 11, 1847, to Nov. IG, 1852, 5 years. Nov. 17, 1852, to April 30, 1859, Gi years. May 1, 1839, to Dec. 31, 1864, 5i years. 21 Condemned for capital of- fences. No execution.^, but capital punishment nominally in existence by statute. A rage 4 per annum. 27 Condemned. ^Capital punish- ment abolished. Average 4 per annum. 22 Condemned. Capital punish- ment abolished. '• Average 4 per annum. 9 for murder with rob- bery. 11 for premeditated mur- der. 1 for robbery with vio- lence. 20 murders witli robbery. 7 premeditated murders. 10 murders with robbery. 12 premeditated murders. Showing no increase of capital crime. 2. The other Tuscan Court of Appeal, viz., that of Lucca. Date. Per Ann. 1854-1859 1860-1864 Capital punishment nominally existent, but no executions. Capital punishment abolisiicd by statute. 11 premeditated mur- ders. 6 premeditated mur- ders. o 1 Showing no increase of capital crime. SWITZERLAND. Several of the cantons of Switzerland have almost discontinued capital punishment, and two, viz., Freiburg and Ncufchutcl, have abolished it altogether. There has been no execution at Freiburg since 1832, nor at Neufchalel since 1830, a period of about 35 years. But the formal abolition of the capital penalty, by statute, did not take place in ^cither canton till 1848, after more than 15 years experience of the discontinuance. Last year the writer received from the Swiss Minister of (he Interior at Berne a letter, dated January 4, 1864, containing tho 14 foUowiiij; ptatemcnt rcspoctinf^ Freiburg. After mentioning that in that ciiuton ihcre liad been some (Icniaud lor a re-enactment of" capital puni.shnuMit, anil that, in coiiscipicnce, an oilicial inquiry had been instituted to investigate tho practical result of the abolition, the minister writes : — "^' "The report resulting from this inquiry stated that, neither crime in general nor special crimes against life and health, have been iu any way relatively more numerous in the lo years since the abolition of capital punishment, than in the lo years which immediately , preceded its repeal." t Subsequently to the despatch of this letter some official statistics were forwarded to England, which showed a consideral)le increase in homicidal crimes in Freiburg since 1848. As this appeared to be somewhat inconsistent with the purport of the foregoing letter from Berne, the writer applied to the Government of Switzerland for an explanation. This was courteously afforded in the form of a letter to the Koyal Connnission which, although confirming the fact of an increase of homicidal crime, stated — " You would be mistaken if you should attribute this increase to the abolition of capital punishment, as it has been merely accidental. Canton Freiburg being a very small canton, and the tliird part of the criminals being foreigners, this example cannot be of any prejudice to the question." This letter is signed by the Swiss iSIinistcr of the Interior at Berne, aud dated February 16, I860. It is further to be remembered that neither in the lo years before 1848, nor in the 15 years afterwards, did any execution take place in P'^reiburg. In Neufchatel there is no evidence of an increase of premeditated murders, but the use of the knife in tavern-brawls is stated to have been more frequent since 1848. This circumstance having been especially mentioned, with some unfavourable comments as to the abolition of capital punishment, by Mr. Rumbold, in a diplomatic report on the Penal Laws of Switzerland, the writer of this paper has recently applied to the Government of Neufchatel for precise information, and has been courteously favoured with a satisfactory and detailed reply from the ]\Iinister of Justice, dated August 24, I8G.3. From it the following is extracted. After stating that " Up to the present time we can comprehensively affirm that the abolition of capital punishment has not at all changed the condition of morals " in the canton, he remarks — " there is, further, another special circumstance Avhich takes aAvay the value of much of our statistics in the direction required ; that is the recent construction of our railways, extending over a considerable time. This has brought to the public works a multitude of persons" [whom he elsewhere speaks of as " foreign labourers"], " amounting to several thousands, to whom the use of the knife, or of some other weapon, was thoroughly habitual. So that a great number of outrages committed since 1848 do not appertain to the normal state of the country. . . . Consequently, sir, by separating the foreign element 15 of the railway construction period, we have not observed that the abolition of capital punishment has increased the personal attacks capable of being qualified as assassinats " [t. e. murders of the worst description; premeditated ones]- " These have always been very rare in our canton and are so still. What has observably increased is the use of the knife in tavern-brawls, and this is incontestably a foreign importation." Signed, Piaget, Director of the Department of Justice. Mr. Consul-General Rapp informs the writer, in a letter, dated London, September 14, 1805, that a Commission has been instituted by the Canton Zurich for the revision of the Penal Code, and that it has decided, by 9 votes against 4, to recommend the abolition of capital punishment in that canton. In Canton Glarus there has been no execution since 1836, nearly 30 years. A recent official report of that canton, dated 1864, states — " It is so far certain, that serious crimes such as murder, robbery, incendiarism, rape, and infanticide are of rare occurrence in this canton, and that, at all events, the mitigated spirit which has obtained in our laws, has not had any perceptible results as regards encouragement to or increase of the criminal class." On the whole, then, it is stated plainly, repeatedly, and on official authority, that the experiences of Switzerland have not been un- favourable to the abolition of capital punishment, Freiburq Statistics. Crimes against Life and Safety. 1833-1847 (no execution) ... ... ... ... 169 1848-1862 (no execution) ... ... ... ... 139 Crimes against Life. 1833-1847 * 19 1848-1862 45 Increase of population 20 per cent., and railway construction period. PORTUGAL. For 19 years capital punishment has been virtually abolished in Portugal, and with excellent practical results. The last execution took place in 1846. The Portuguese statistics of homicidal crime are very satisfactory, and exhibit a continued and steady decrease to a very considerable degree. Thus the number of such crimes com- mitted in 1851, was 278; in 18o5, 173; and only 142 in 1860. The capital sentences are commuted to hard labour for life, but this is often mitigated. A Committee of the Portuguese Legislature, in a report presented in 18G4, recommend a maximum infliction of 16 20 years' imprisonment as a substitute for the capital penalty. That report add:*, in explanation — " On the one hand, the maximum thus fixed, namely 20 years, is BufTicient to bring the criminal either to the ordinary limits of human life, or at least to an age at wliich the strength fur guilty purposes is broken down ; on the other hand, it ha.s been constantly remarked that nothing is eo favourable to imj)unity as excessive rigour oi puQisbmcnt." IIOVICIDAL CbIMEB COHMirTED. 1851 1852 1853 1854 1855 278 ia56 288 1857 2.j.> 1858 224 1859 173 1860 SWEDEN. 102 152 139 146 142 Latterly there has been a great decrease in the number of execu- tions, and during ths past six years ninety per cent, of the capital sentences pronounced have been commuted. Nevertheless, capital crimes have rather diminished than increased. By the new Penal Code of Sweden power is given the judge in capital cases to pass sentence of death, or of hard labour for life, according to the evidence as to extenuation or otherwise. BAVARIA, WIRTEMBERG, AND BADEN. In these three countries there is an increased tendency, on the part of their respective rulers, to disuse capital punishment, and so far as this policy has been carried out, the results arc not unfavourable. In February, 18G.J, the Wirtcmberg Chamber of Deputies voted the abolition of capital punishment by 5G to 27, but the measure did not pass the Upper House. Yet the infliction of the death-penalty appears to be virtually suspended in Wirtemberg, in Baden, and in Bavaria. The writer has recently received a letter from Professor Mittermaier, dated Heidelburg, Baden, June 26, 1865, in which he states — " You will be pleased to know that there have been no executions in Bavaria, under the young King, for 4 years past, nor in Wirtem- burg for 2 years, nor in Baden for 3 years; whilst the number of murders has not increased, and the people in the three States are satisfied with this dc facto abolition of the punishment of death." OLDENBURG, NASSAU, ANIIALT. Capital punishment is totally abolished in these three States, and has continued so in the two former since 18-19, and in the latter since 1850. According to a recent oflicial report, the abolition of capital punishment in Oldenburg has not led to an increase of the 17 crimes formerly capital. And in a letter to the writer, dated Heidelburg, December 6, 1864, Professor Mittermaier says — "I am in correspondence with eminent lawyers of Nassau and Oldenburg, and can assure you that, according to the letters received, the general opinion amongst the lawyers and citizens of Oldenburg and Nassau is, that the number of murders is not increased, and that there is not any reason to re-establish the punishment of death. . . . In the three States official criminal tables are not published." BRUNSWICK, MOLDAVIA, BREMEN, Etc. Capital punishment is virtually abolished in Brunswick, and an official report states that there has been no increase in capital crimes since the adoption of the milder system. The death-penalty is also abolished in Bremen, and is reported to be discontinued in Moldavin, Wallachia, San Marino, and the Island of Tahiti, but no detailed information has been obtained from these localities. Very recently the death punishment has been abolished in two of the South American countries, viz., in Venezuela in 1 864, and in New Grenada (''the United States of Columbia") in 1863. But nothing conclusive can be inferred from the results of so short an experience. THE UNITED STATES. Several of the United States, viz., Rhode Island, Wisconsin, and Michigan, have totally abolished the punishment of death, and with good practical results. In other of the States it is only inflicted for murder and treason. The writer is indebted for some valuable official and other recent information, respecting these countries, to the courtesy of John Bright, Esq., M.P., the Hon. Andrew Curtin, Governor of Pennsylvania, Richard Vaux, Esq., of Philadelphia, and Professor Upham of Maine. MICHIGAN. The Hon. Austin Blair, Governor of Michigan, in a letter to Mr. Bright, M.P., dated Lansing, March 23, 1864, writes that capital XoTE — Bombay. It is appropriate to make allusion here to the experiment made in India whilst Sir James Mackintosh was recorder of Bombay. The charge delivered by that eminent man to the grand jury of that city, in July, 1811, contains the following paragraphs, after quoting the criminal statistics of Bombay for 60 years : — " It will apjiear that the capital crimes committed during the last seven years, with no capital execution, have, in proportion to the population, not been much more than a third of those committed in the first seven years, notwithstanding the infliction of death on 47 persons. The intermediate periods lead to the same results." " This small experiment has therefore been made without any diminution of the security of the lives and property of men. Two hundred thousand men have been governed for seven years without capital punishment and without any increase of crimes." 18 punishment has been totally abolished in that Slate for nearly 20 years, i.e., sinco 1817. Ho quotes statistics showing that murders have not increased since the abolition, and adds — " Tliere can bo no doubt that the i)nblic opinion of the State sustains the present law, and is against the restoration of the death-penalty. . . Conviction and punishment are now much more certain than before the change was made. . . It is found practically tiiat a trial for murder excites no very unusual interest." Mr. William L. Seaton, the chief oll'icer of the State Prison, is quoted by Governor lilair as reporting that " he is very firm in the opinion that not more than four or five of the 37 [murderers con- victed since 1817] would ever have been convicted had hanging been the penalty." The governor adds — " I am, in fact, persuaded that too many convictions occur. In two cases where applications have been made for pardons, I am satisfied that the crime was man- slaughter, and not murder." lie further states that murderers of the first degree are imprisoned for life, not in solitary cells, but employed as the other convicts are, yet liable to be sent to solitary cells if needful. This system " has seemed to work well." Extract from Governor Blair's Letter to Mn. Bright, M.P. Since 1817 the average population of Michigan has been 600,000. The con- victioas for mmder have been as follows : — 1847 1848 184'.) 1850 1851 1852 1853 1854 1855 1 1856 ■d 1857 1 1858 1859 3 1860 1 1861 2 1862 5 1863 4 1864 MASSACHUSETTS, NEW YORK, OHIO, Etc. In Massachusetts, New York, Ohio, and some other States, murders are classed according to the degree of atrocity, and those of the first degree arc punishable capitally. But commutations are very frequent. There is said to be comparatively little hesitation with jurors in these States as to finding capital convictions. In Ohio about half of the capital sentences are commuted. In Massa- chusetts more than two-thirds are commuted (c.<7., 12 out of 17, from 1852 to 1864, with o executions). Governor Andrew, of Massa- chusetts, in his address to the two branches of the State Legislature, January 5, 18(31, strongly pronounced himself in favour of the abolition of capital punishment. So far as New York State has substituted secondary for capital punishment, there does not appear to have been inconvenience experienced. In a letter addressed to the writer by the Governor of 19 the State Prison at Sing Sing, dated September 24, 1864, he reports — " With regard to the effect of life-long sentences, I can positively assert that they are carried out, in this prison at least, with good effect, for we have now 23 convicts under sentence for life, and I see no difference between those for life and those for 5 or 10 years ; their health and reason being equally good. In fact, such few cases as we have where reason is affected are usually Avith convicts of a comparatively short term. The silent system is yet carried out in this State, and I consider it necessary for the preservation of dis- cipline, and not injurious to the convict. We do not adopt the solitary system, aa the various branches of manufacturing carried on in our prisons will not admit of it, neither do 1 consider it necessary for the good government of convicts." MAINE. Capital punishment, although never absolutely abolished in Maine, has yet been almost totally discontinued there for 30 years, only one execution having occurred from 1837 to 1864. The general sentiment of the people of Maine during this interval appears to have been one of satisfaction with this discontinuance, and the security of life quite as great as formerly. But in 1864 Governor Cony, an advocate of the death-penalty, wished to extend its infliction; but the Legislature of Maine, after due inquiry, refused to sanction his proposal. Nevertheless, he has officially stated, but without adducing statistical proof, that murders have increased in consequence of the disuse of capital punishment. After reading this assertion the writer applied for further information to Professor Upham, a well-known American author of Brunswick, Maine, who, in a letter dated March 14, 1865, replied that — "In January, 1864, the Governor of the State, who still sustains the office, and is an able, patriotic, and very popular man, recom- mended to the Legislature to alter the law on capital punishment, with a view to the restoration of the former methods. The Legis- lature respectfully and promptly appointed a large committee to inquire into the subject. Opportunity was given to persons from all parts of the State to present before the committee such facts and arguments as might have a bearing upon it. I availed myself of this opportunity, in connection with many others. The result was that the Legislature decided to make no alteration in the existing law ; and the law still remains. This result could not, I think, have been reached if there had clearly been any great increase of the higher crimes, and if that increase had, in their view, been justly attributable to the law which was thus brought under advisement." RHODE ISLAND. The Governor of this State, Hon. James Y. Smith, in a letter to Mr. Bright, M.P., dated Providence, March 21, 1864, reports that 20 capital punishment was totally abolished in Rhode Island in 1852. He does not think that its abolition has had any effect upon the security of life, but is of opinion that convictions and punishments are more certain than before the change was made. Life imprison- ment with hard labour is the substitute adopted. WISCONSIN. The Governor of Wisconsin, Hon. James T. Lewis, states in a letter to Mr. Bright, M.P., dated Madison, March 29, 1864, that capital punishment was totally abolished there in 1853, and adds — '• The fact that no Legislature has since re-established it, and that after a tiial of eleven years the people find themselves equally secure and justice more certain than before the death-penalty was abolished, leaves little doubt of the wisdom of its repeal. The population of the State in the year 1850 was 305,391 ; in the year ISGO the population was 775,629. With this large jncrease of population we might naturally expect a largo increase ^f criminal cases, but this does not appear to have been the case."* PENNSYLVANIA. Deliberate premeditated murder is the only crime punished capi- tally in this State. In a letter addressed to the writer by order of Oovernor Curtin, of Pennsylvania, dated Philadelphia, November 17, 1864, it is reported that there is an increasing reluctance of citizens to serve as jurors in capital cases, and it is added, "It is very difficult to obtain a jury in capital cases." The extensive substitution of secondary for capital punishment for murderers and other criminals in Pennsylvania, is described as a success. The prison system of that State has obtained a world- wide reputation. It is conducted on the separate system, which is, however, neither separate nor silent so far as regards the prisoners having intercourse with suitable visitors, and with the prison olRcials, But ho is entirely separated from other criminals, and occupies a distinct cell and yard. The letter just mentioned reports — " The treatment of each con- vict must be individualised to his sui-geiicris character as best developed and best treated by his individual position — isolated separate position — in a penitentiary. This is the spirit of our system. This gives it its real success. This is the merit of its administration. . . . We have had convicts for 12 and 16 years, and their health and morals have been far better on their discharge than on their conviction. . . . The prerogative of pardon is used with * At the end of 1854 the number of murderers of the first degree confined was 6. At the end of 1807 there were only 8 more, or 14 altogether. 21 wisdom and discrimination, and the public Lave not yet suffered injury from its use thus far." It is further added, respecting the Penusylvanian " separate sys- tem," " After 30 years in full experiment, we find it to be a success beyond all the anticipations of its founders. It lessens crimes, re- forms the convict, and improves the individual." The above and similar testimonies have been here quoted as afford- ing suggestive answers to the inquiry which often arises, " In case of the abolition of capital punishment, what is to be the substitute ? " It is shown that various countries have, practically and for long periods, found safe and efficient substitutes. It is further to be remembered, that even in Great Britain far more capital offenders have their sentences commuted than executed. And a substitute is found for these either in life-long penal servitude, or, in the abso- lutely permanent detention of Broadmoor Criminal Lunatic Asylum. Nor does it appear that the public practically suffer in consequence, either by an escape of the murderers confined, or by repetitions of the crime on the part of those whose sentences have been thus com- muted to permanent confinement. GREAT BRITAIN. ^•S The writer had prepared, in addition to the foregoing abstracts of foreign experience of the abolition of capital punishment, a similar brief review of the results of the very extensive ameliorations which, during the past 35 years, have taken place in the penal code of our own country. But its insertion here would extend the present paper far beyond the permitted limits. It may be sufficient to observe that the recent penal experiences of Great Britain indicate that the removal of all crimes, except murder and treason from the capital category, has been attended with a marked increase in the certainty of conviction and punishment, and with many other important col- ( lateral advantages without a consequent counterbalancing increase iiU the number of crimes committed. ^ CONCLUDING REMARKS. \^i^X^ K Having thus briefly glanced at the results of the total or partial abolition of capital punishment in many countries it appears that they furnish remarkable and repeated proofs that not only in States of small population, but also in the greatest nations of the world, the death-penalty has been dispensed with, more or less, without decreas- ing the security of life or property, and in many instances with a marked beneficial result in a contrary direction. And, independently of this advantage, the total abolition, when effected, has removed a series of evils and grave inconveniences which are, practically, found to be inseparable from the infliction of death-penalties, namely, a peculiar and excessive accompaniment of difficulty iu effecting con- vlctlou and punishment on cftpital charges, resulting sometimes in the absolute acquittal of the most atrocious olFendcrs; — The inevitable occurrence of very urgent but most undesirable importunities on tho part of individuals and associations who are often reluctantly neces- sitated to embarrass the executive to depart from the usual course of tho law by commuting the fatal eentence ; — Tho constant raising of pleas of insanity on murder-trials, rightly or wrongly, according to circumstances, but equally bewildering and obstructive whether well- founded or not; — The excitement of excessive notoriety for the worst of criminals often resulting in a morbid sympathy for tho murderer rather than for his victim, and being peculiarly apt to produce immediate repetitions and multiplications of similar horrible crimes ; — The occasion, at times, of a mischievous wide-spread impression of administrative partiality or inequitable distinction in the grant of com- mutations ; — The rare, but not inconsiderable danger, of sometimes executing an innocent person by mistake, and of thus inflicting an irreparable injury of the'highcst kind; — The hurrying of criminals to death without duo opportunities for repentance and reformation ; — And certainly in very many cases the deprivation of life without a just consideration and regard for the degrading miseries, the orphan- age, neglect, poverty, ignorance and hereditary incapacity which cnstitute, in part, or altogether, the inevitable antecedents of most criminals, and which, though aftbrdiug no reason for impunity or for pardon, yet most strongly forbid the infliction of a penalty irrevo- cable in its nature, and severe in tho most awful and unmitigated degree. j EARL RUSSELL OX CAPITAL PUNISHMENT. Earl Russell, in his introduction to the new edition of his •work on the "English Constitution" (I860), thus expresses himself as being favourable to the abolition of capital punishment : — " For my own part I do not doubt for a moment either the right of a community to inflict the punishment of death, or the expediency of exercising that right in certain states of society. But when I turn from that abstract right and that abstract expediency to our own state of society — when I consider how diflBcult it is for any judge to separate the case which requires inflexible justice from thai; which admits the force of mitigating circumstances — how invidious the task of the Secretary of State in dispensing the mercy of the Crown — how critical the comments made by the public — how soon the object of general horror becomes the theme of sympathy and pity — how narrow and how limited the examples given by this condign and awful punishment — how brutal the scene of execution — I come to the conclusion that nothing would be lost to justice, nothing lost in the preservation of innocent life, if the punishment of death were altogether abolished. *' In that case a sentence of a long term of separate confinement, followed by another term of hard labour and hard fare, would cease to be considered as an extension of mercy. If the sentence of the judge were to that effect, there would scarcely ever be a petition for remission of punishment, in cases of murder, scut to the Ilome- oflftce. The guilty, unpitied, would have time and opportunity to turn repentant to the Throne of ^lercy." *#* Contributions for the Society for the Abolition of Capital Punishment are respectfully solicited^ and may be sent to the Secretary, Mr. William Tallack, 36 Southampton Street, Strand, London, W. C. University of California SOUTHERN REGIONAL LIBRARY FACILITY 305 De Neve Drive - Parking Lot 17 • Box 951388 LOS ANGELES, CALIFORNIA 90095-1388 Return this material to the library from which it was borrowed. RECOWL ... am 26 2005 jCiulorA - 1 PAMPHLET BINDHt Syrocuie, N Y. Stockton, Calif. 3 1158 00152 0401 UC SOUTHERN REGIONAL LIBR;^RY FACILITY I'll"' I'll"! II'" I '{"I" 'I' "" I'" "' "'" '" AA 000 893 662 7 • ''-< :'^j'\^^ s