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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 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。
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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 assumption 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 class of crimes？ As
to persons committing murder； and yet not found guilty of it by juries； they
escape solely because there are many public executionsnot 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 class；
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 passive blindness to
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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
partisanship； 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 int
