miscellaneous papers(各种各样的文件)-第8节
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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； terroror defiance？ Let the same man
speak。 〃What did you think then？〃 asked Mr。 Wakefield。 〃Think？ Why；
I thought it was ashame。〃
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
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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 passions； 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 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 incendia
