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Maps, plates, charta. etc., may be filmed at different reduction retios. Those too lerge to be entirely Included in one exposure ere filmed beginning in the upper left hend corner, left to right and top to bottom, aa many frames aa required. The following diagrams Illustrate the method: Lea cartes, planches, tebleaux, etc., peuvent ttre filmte A dee taux de rMuctlon diffirenta. Loraqua la document eat trop grand pour itre reprodult en un aaui clich*. 11 eat film* A partik* de I'angle supArieur gaucl.Y HAN'IKI. R(, \ SHALL BE ABOLISHED? 5 i;,»l ■ KmKI I am not entirely satifified with the pcleotion of the subject for dis- ensMon this evonin*.', because although it aaay have its attractive fea* turw, it most certainly hati also its repulsive side. It is a question which may have lost some of its interest from the fact of its having already occu|tied the attention of the Members of this Association on s previous oci'asiun, and, moreover, I believe it to be a question upon c ^ which no now argument can be produced. I do not ex|ioct to convince any advocate of the death punishment, because I know of no question around which the prejudices vling more tenaciously, nor any measare wlrre the bit-by-bit amelioriations, which the advooatr8 of the abolition huvo wrung from a reluctant Legislature have been mor.> stoutly contested by tho lovers of the " good old times." T know the " gallows'' dill's hard, for my own efforts in this direction date buck as far as the yeir 184 {, when it wis my privil<>ge to work with the lato Lord Nuginit, IMr. Ewart, M.P. for Dutufries, and their eo-abolitionist(<, and I hnve never seen any reason for reveriiing my opinions th n f irra ;d, thcrer^rc do cot im:i;;ine that I am at all nervous libout the truth and jii^ttice of the oao^e I udvocito. It appears to me thut the advooates of (he death pen ilty, hare been driven back inch by inch, and I do hope to live to ice the day when the barbarout in>tru'i'>n will be swept away entiniy, ,, It is quite impossible to say within my prosont liiaUsall thit should be Slid (or could b; siil) in fivour ©rtlio al* 'ition. I t;ike ir, ilat the fi 1.1 U now so nurrowel that for our purpose we may rog;ird li, t\vd virtujily the (iei'h imnivh'ir 'nt only romuios for the crime of miirJfr, thus the question almost becomes " whether the death penalty renders life more secure *' ? As far as our penal code in 350224 Ctnada is oonoened, it is so similar to that of England, that in apeak- ing I shtiU mainly refer to the question aa arising from the Engliah •ystem. Previous to the enactment of private ezeontions in Canada, as yon no doubt are aware, our code was ameliorated, abolishing the punish- ment entirely for every crime which could not be committed ; and I might remark the noteworthy fact that the total abolition was once carried in the Assembly at Quebec, but it was thrown out in the Senate, by the casting vote of the Speaker only. Before I go further, it may be useful to glance at the changes which have been made in the penal code during the past 60 or 70 years. At the commencement of the present century about 150 crimes, flome of them very trivial, were punishable capitally in England, as ibr example : stealing to the value of ono shilling from a dwelling, Ave shillings from a shop, 40 shillings from a dwelling, with burglary, letting water out of a fishpond, cutting down a sapling, stealing lineo; from a bleaching ground, &o. &c. 1'hey hanged for a sheep, for a horse, for cattle, for coining, for forgery, for things that were, and for thing! Ihat could not be. So frequently was the sentence executed that London fully deserved the name given to it by a popular writer, " The City of the Gibbet," and there was at least some reason for the poetic taunt of Dr. Johnson : — " Scarce can our fields, such crowds at Tyburn die. With hemp the gallows, and the H&A supply." Tet, notwithstanding the number of executions, there were so many motives for interference with, and obstruction to, the enforcement of Hie law, that criminals out of number escaped: Mr. Wilberforoe ■aid in the House of Commons, in the year 1812. " 1 remember^ ** having many years ago, been informed by Mr. Justice Buller that '* out of 38 capital convictions not more than one execution, upon an « average, took place. Can it then be doubted that ofienders will cat- ** culate upon the probability of escape," The growing dislike of juries to convict helped to brinp about a gradual relaxing of the code. A man was tried at Carnarvon for forgery to a large amount, on the Bank of England, the evidence of the guilt of the prisoner was aa •atisfactory as possible, and brought the charge clearly home to him, the jury, however, acquitted him. The next day he was tried upob r^r- s another indietment, the eyidenoe wm again as oonclasive as befor«» yet the Jnry again acquitted the prisoner. The Judge ( Ohief Bafoa Siehards) addresed him in these remarkable words :-— " Prisoner at the bar, — although you have been acquitted by • Jnrj of your conntrymun of the crime of forgery, I am as oonvinced if your guilt as that two and two make four." Said one of the Jurymen " neither my fellow Jurymen nor myself kad the least doubt of the prisoner's guilt, but we were unwilling M Mng in a verdict of guilty, because we were aware that the prisones would have been punished with death, which we conceived to be too ievere a penalty i'or the offence." Thus did the judge impugn the verdict, thus did the jury violate their oatb, and thus did u sanguiuary statute restore culprits to their profession. Had the punishment for this offence been transportation! rach men would not have been let loose upon society. The noblesi institution in the worlJ was daily d^enerating into a school of perjury; nor was this all, men would not prosecute. " I should say ^stated Mr^ Samuel Houre, a London Banker,) not one in twenty foi^ies in- prosecuted." In like manner, in cases of indictment for stealing to the value of 40 shillings, which was punishable by death, prisoners by doienfl- were found guilty of stealio*; to the value of 39 shillings, thtti avoiding the capital sentence. The Legislature revised its arithraatio. Man made in the image of his Maker, rose in the money mtrket. Human life was averaged ai iE5. Still the obstinate juries duinurred to the valuations. Disr^rd- i^g the actual amount stolen, they substituted for the old 39 shillings. <}uilty of stealing to the amount of jS4. 19s. Od. A man was tried at the Old Biiley, Sept. 15, 1831, for stealing 41000. £500 of the property was discovered and restored, the jury found him guilty of stealing to the value of JB4>. 19s. Od. He wan again indioted for stealing £25, and was againfoundguilty of stealing^ ander j65. There were aevenl other indictments against the prisoner, ^ but the prosecutors after such verdicts allowed him to plead guilty tct, them all to the extent of £4. 1 9s. Od. The jury remembered that in the previous Itf ay a man had been executed under tnis very statute and they shrank from the work. < Jadgt BUokctone went fiur towards justifying weh verdiots, whiob htsn come down to us on his anthoritj as " pious peijuries." Juries would not conviot, judges would not act upon it. Lord Kenyon overooue to tears by a shrieking oreature, who had just beei» ibnnd guilty, said : — '* Woman, Woman, I don't mean to hang you.*' What a solemn stultifying mockery was this, the jury oondemniog th« ioeused and the Judge seutenoing the law. " I felt then *' (said Mr. Morris, one of the Masters in Ohanoery who was present) " as I feel •ow, that this was passing sentenoe not on the prisoner, but on the law," and so indeed, it emphatically was. It would appear indeed, that juries were not alone in reprobation of this statute. The feeling reached higher than the jury box, one of the most exemplary of our English Judges (Sir William Grant,) said there was amongst prosecutors, witnesses, juries, judges and ministem of the crown, a general confederacy to prevent the l»w being executed. This is experience, this is hbtory. But although this feeling pror Tailed to such an alarming extent, it took years of labour to brinf about a relaxation of the severity of the penal code. Pardon me if I pause here one moment, to lay a ohaplet on the tomb of that great and good pioneer in this noble work, Sir Samuel Bomilly,.the profound lawyer, the learned jurist, the wise and humane legisUtor, the ft lend of Bentham, the co-operator with Brougham, the ■iiociate of every man, and the advocate of every measure likely to ameliorate the social condition ef his country. He was well aware of the perils which awaited him, and prepared to encounter them with a hero*s courage. He shared the fate of all propounders of change in any institution, he was derided by some, pitied by others, by not n few execrated, by almost all r^arded as an advocate of a desperate eause. He could well afford to despise their pity, their ridieule and their execration. He was earning for himself a fame immortal, and repaying the ingratitude of a misled land by adding another Howard to her history. The dust of his detractors is scattered before the wind, but h!seph Hume Henry Aglionby, Wm. Ewart, Richard Cobden, and a convert late in life, the present Earl Russell. In France, Mirabeau, Louis Philippe, Guizot, Arago, Lamartine. In Italy, Marquis i I ''2: J BeoowrU, Maiiini and QaribaMi, Td Belgium, the late KiD(j| Leoptrfd. lin Sweden, the King Oacar, the son of Charles John Bernadotte, Napoleon's Marshal, were all abolitionists. In the United States, Benjamin Franklin, Juhn Quincy Adams and Livingstone of Louisiana. I do think I need not be ashamed of my compnny, surely they are not all whining morbid philanthropists as it is fashionable to eall those who advocate the abolition of the death penalty. On the 24tb June, 1830, it was my fate to see the last person who stood in the pillory in Eog'ond, and I hope yet to hear the death knell of the gallows. I shall here only mention by name the States where capital punish-' mont has been partially or wholly abolished, and in every care has it worked well. In the United states: in Rhode Island, Michigan, Wisconsin, and Louisiana, tho death puniBhment does not exist and I think I may defy my opponents to suy that they arc the most disorderly States in the Uunion. Venezuela, New Granada, (U. S. of Columbia,) Squador. In Europe we have Brunswick, Oldenburg, Anhalt, Nassau, Bremen, virtually in Baden, Bavaria and Wurtemberg. In Switzer- land, the cantons of Zurich, Freiburg, Neufohatel, and Glarus. In Belgium and Sweden, it is al^o virtually abolishetl ; and in Rusfiia,* Prussia, and Portugal. In Moldavia, VValluchia, and the brave little Bepublic of San Marino. On 24th February, 1827, a native Assembly was convened at Otaheite for the purpose of dnvising a system of laws and a debate of four days duration was terminated by an unanimous vote excluding tho death punishment from the code of Otahcite. I have reserved to the last of my list, Tuscany, (where no execution kas taken place fov 42 years), beoause it is a most remarkable instance of the truth of my observations. The experience of Tuscany is very intersting, as it has extended over a long period. Capital punishment was virtually abolished in that State by the Grand Duke Leopold, in 1770, and absolutely so in 1786. The result was a remarkable diminu* tion of murders. In consequence of the political confusion attend- ant on the wars of the French Revolution, and chiefly through Austrian influence and the dread of conspiracy, the death penalty was reenacted in Tuscany in 1790. But the remembrance of former ex- perience procured its repeal a second time, Once more, did Austrian * See Appendix B. ! inflvenoo, as it is alleged, cffeet a re-impositton of Capital Punishment, but yet again have Tnscan opinions obtained for the third time the abolition of death penalties. In 1864<, the new code of the recently formed Kingdom of Italy, whilst norainuUy rocognizin<; Capital Puni^hnicot as the extreme penalty througliout the PcniiLSula, yet iiiukoH provision for the virtual maintenance of its entire abroirution in the proviucc of Tuscany. The nfl'Ction of pcrnianont impriMinuicnt is the suh>titate imposed. I hop.or the brave Tuscans for the tenacity with wbieh they defend- ed the reform they bad struggled for s(» long. When Victor Emanuel was about to remove his residcnee from Turin to Florenoe- a deputation from the government waited upon him at Turin and made the bargain that their cherished abol lion of the death penalty •hould not be intcrtiercd with in Tuscany. I challenge my opponents to show any bad results from the evidence I have brought with respect to the abolition in any of the comntriee named. The efforts to abolish the penalty in various States have led oocasion* ally to some very remarkable language intended as arg&ment. In the Bavarian Parliament, Herr Von Bayer held that while it existed in the neighbouring States, the abolition in Bavaria would have the effect of bringing an influx of foreigners to that country in order to commit crimes worthy of death. Equally unworthy was the utterance of our own Mr. Roebuck, M.P* for Shi'field, in the British House of Cojnuons in 18t)4:— "What hanging did was this. It removed a man who wus dangerous, and the removul of a dangerous man very cheipty was a thing to be considered by MKsiety. Yovl hinged him, and there was an end of him, and an end to the danger from that man, and you were not liable to be charged with sentimentality." Buijides being very stupid anJ very wicked, 1 hold that this kind of argument on the part of those who uphold hanging narrows the question tooneof revenge, instead of pnni!>hment. The object of all punishment in a civilized country should be the reform of the criminal aud tho prevention of a recurrence of the crime. Now, if it is evident that the death penalty dors not leave a wide niMrgin for reform, and if it can be fthown not to b3 a deterrent, the irhole system becomes useless, and I charge the gallows with havinf( utterly failed as a deterrent. One of our judges expouudcd this plain philosophy in u homely way to a man whom he was sentencinu for horse stealing. " You are not condemned," snid he, " for stealing a horse, but to prevent other horses from being stolen." Now there was a decrease in the crime of horse stealing consequent OH the repeal of the death penalty for th it crime, therefore it was no det.errent. So with niurier, whenever wo have exooutions, it is proved beyond dispute that we have more murders. Quebec, until a recent occ^ision, had not seen a hanging for 25 years, was Quebec a safer city to live in than Montreil where the gallows has borne its fruit regularly ? If the death punishment is a deterrent, a s»d mistake has been made in enacting the private execution of the sentence, for certainly to be any example, it should be carried out in public — else the advocates of the deterrent policy cut the ground from under their feet. It is evi- dent the private execution was substituted because the public one was so completely a failure, and had become such a monster nuisance that it ** out Heroded — Herod." I, at all times opposed private execu- tions, because I foresaw that the change would postpone the total aboli- tion until the *' Greek Kalends," and I was satisfie > that if the enor- mities of the public system continued, it would fall of its own rotten- ness. It may be clearly shewn that wliore the people are familiarized with death, they become careless of the sanctity of human lite, and are ready to commit nameless crimes. May we not say that the cruel war which dovistated the United States only so reriently, caused the people to be careless of life, and let loose on society, criminals of the highest order who are yet stalking red handed through that land. It is proved beyond dispute, thut where capital punishments most abound, murder is most common ; that where capital punishments are rarest, murders are rarest too, and that where capital punishments have bbon entirely abolished in respect of murder, the crime of murder has invariably decreased. If a country has fewer murders without' the penalty of death, than with it, then the penalty of death is not only unnecessary, but positively baneful ; and further, it must never be for- gotten that wbilR there is no evidence whatev^^r to show that the 10 penalty of death operates to restrain men from comDjitting murder, every murder which is perpetrated is a clear proof that the penalty of detith does not restrain. It has nothing to do with the question, the 8inglin«; out of some atrocious scoundrel, and asking me what I jrould do in the cuso of " such an one ; " and my good and worthy opponent would generally wind up hir ataxo of facts with the verdict " he is not fit to live.'' I would reply to this, who am I, '* poor pensioner on the bounties ot uu hour," that I shall say, " he is iit to die]" One grave charge against hanging, and in my judgment an insnp* eruble one, is that under this system innocent persons have been execut- ed. It has been proved by the most incontrovertible evidence, that such mistakes have oocuired. If time permitted I could put in the re- cords of twenty such cases at least during the past fifty years, and I »%f on this ground alone, unless an infallible tribunal can be found, we have no right to apply a punishment which cannot be revoked. I believe I have done, with the sole exception of what may be called the Bible argument, on this question. The passage in the Bible on which the aati-abolitionists rely, is ir 9th chapter of Gcne.s. Bttt wer mur- ) fears of in 18^5, Keoutions the corn- had been red with r of Pris- Luxem- rty years,, ely much harmony 16 experi- ioioDcy it and fur- Tusoany od of the 0, but no ttf twenty- Qtury, the ;wo execu- i oooasion,. the inhabitants of the latter city testified their horror of the punish* mtnt by deserting the streets and closing their shops. The Grand Duke q^ted, *' that the people had taught him such a lesson, that in fiitare, no executions should take place in his dominions, especially tm the reports of the authorities were unanimously in favor of the aboli- tion.'* No execution has taken place in Tuscany since 1830, a period of fbrty-three years. — In 1847, it was a second time abolished by statute, in consequence of its virtual disuse for so long a p iod. Id 1848, and subsequently, revolution again disturbed Italy, und in 185d it was deemed necessary to re-enact capital punishment ; but still it was not enforced, and the popular disapprobation of its renewed legal- isatbn was general and effectual. In 1859 and I860, alter the union of Tuscany to the new Kingdom of Italy, capital punishment was » third time abolished by statute. This abolition is specially recognised by the new Italian Code of 1860, and is the present condition of Tuscan law on the subject. SwiTZKRLAND. — Several of the Cantons of Switzerland have al« most discontinued, and three, viz., Freiburg, Neufchatel, and Zurich^ have abolished it altogether. — There has been no execution at Frei- burg since 1832, nor at Neufchatel since 1830 ; but the formal aboli- tion by statute did not take place in either Canton until 1848, after Bore than 16 years experience of the disoontinuaifce.—The Swiss Minister of the Interior at Berne, reports favorably of the results of the abolition.—In Canton Olarus, there has been no execution sinoo 1836, with experiences officially reported in favor of the discontinuance. PoATUQAL. — The last execution took place in 1846. The capital sentences are commuted to hard labour for life. The statistics of imicidsl crimes, exhibit a continued and steady decrease to a very sonsiderable degree. In 1851, the number of such erimes was £78; in 1855, 173; and in 1860, 142. SWKDBN. — There has been a great decrease in the number of ete- eutions. During six years 90 per cent, of the capital sentences havs been commuted, nevertheless capital crimes have rather diminished than increased. Gkrmant.— In 1865, the Wurtemburg Chamber of Deputies voted the abclition by 56 to 27, but the measure did not pass the Upptr House. Tet the infliction of the extreme penalty is virtually abolished, no execution hating taken place unce 1863. Bavaria, virtually abo^ i8 H iihed, loHtPxeoution, 1861 ; Radcn, dittt, 1862 ; Oldenburg, totally abolishod ia 1849; Nassau, ditto, in 1849; Anhalt, ditto, in 1850; Bremen, dii to; Brunswiok, virtually abolished. The official oiiminal tables are not published, but according to official reports, '* the nam- ber of murders is not inorensed, and there is not any reason to re* estublish the death punishment." — The penalty is also totally or virtually abolished i Moldavia, Wullachia And San Marino ; ulso in Tahiti, in Veneceu/a in 1864, and in Hew Orenada, (the United States of Columbia), in 1863 ; also in Eqtador. £ut no detailed reports have been received from these localities. United States. — The death punishment has been totally abolish- ed in three States, vis., Michigan in 1847, Rhode Island in 1852, and Wisconsin in 1853. The Governors of each of these States re- port that the " system works well.'*— in iVIichigan, the average popu- lation from 1847 to 1864 wus tiOO,000 ; the convictions for uarder were as follows: 1847,1; 1848,3; 1849,1; 18.')0, 0; 1851,3; 1852, 1; 1853, 2; 1854, 5; 1855, 4; 1856, 3; 1H57, 3 , 1858, 3 ; 1859, 2 ; 1860, 3 ; 1861, 1 ; 1862, 1 ; 1863, 1864, 2.— The Qovernor of Wisconsin wrote, March 29, 1864: " That after a trial of ehven years, the people find themselves equally secure, and justice mca certain, than before the death penalty was abolished, leaving little doubt of the wisdom of the repeal. The population of the State was in 18.50,305,391 ; in 1860,775,629: with this increase uf population, we might naturally expect a large increase of criminal oases, but this does not appear to have been the case."— In the State of Maine, the punishment has been al most total- ly discontinued for 30 years, only one execution having occurred from 1837 to 1864.— In Louisiana, the Code of Mr Livingstone excluded the death punishment. — In Pennsylvania, deliberate premeditated murder is the only crime punished capitally. And Governor Curtin, writing in 1864, says, " It is very difficult to obtain a jury in capital eases." Bombay. — It is appropriate to allude 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 50 years : — " It will appear that t if 19 totally A 1850; be ntim- on to re* , in 1864, 863 ; also Vom these the capital crimes committp'* during the last 7 years, with no capital ezeontion, have, in proportion to the population, not been much more than a third of those committed during previous 7 years, notwithstand- ing the infliction of death on 47 persons. The other septennial period lead to the same results."—" This small experiment has been made without any diminution of the security of the lives and pro- perty of men. Two hundred thousand men have been governed for 7 years without a capital punishment and without any increase of i«rune. >» ly aboUsh- i in 185'2, I States re- rage popu- for murder 1851,3; 3 ; l«W, 1863, 29, 1864: Ives equally penalty was epeal. The 0,775,629: :peot a large ave been the al most total- Mscurred ftom lone excluded premeditated ernor Curtin, ury in capital iment made in ombay. The ^ of that city, sr quoting the 11 appear that ■il:i