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miscellaneous papers(光嶽光劔議猟周)-及8嫗

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!!!!隆堋響頼��紗秘慕禰厮宴和肝写偬堋響��




slavery�察�or to banishment�察�but the executioner has done no more for that 

criminal than nature may do tomorrow for the judge�察�and will certainly do�察�

in her own good time�察�for judge and jury�察�counsel and witnesses�察�turnkeys�察�

hangman�察�and all。        Should he be frightened by the manner of the death�拭�

It is horrible�察�truly�察�so horrible�察�that the law�察�afraid or ashamed of its own 

deed�察  �hides   the   face   of   the   struggling   wretch   it   slays�察  �but   does   this   fact 

naturally awaken in such a man�察�terroror defiance�拭               �Let the same man 

speak。     ;What did you think then�拭─�asked Mr。 Wakefield。 ;Think�拭                  �Why�察�

I thought it was ashame。; 

     Disgust and indignation�察�or recklessness and indifference�察�or a morbid 

tendency to brood over the sight until temptation is engendered by it�察�are 

the inevitable consequences of the spectacle�察�according to the difference of 

habit and disposition in those who behold it。              Why should it frighten or 

deter�拭    �We   know   it   does   not。   We   know   it   from   the   police   reports�察  �and 


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from the testimony of those who have experience of prisons and prisoners�察�

and we may know it�察�on the occasion of an execution�察�by the evidence of 

our   own   senses�察  �if   we   will   be   at   the   misery   of   using   them   for   such   a 

purpose。      But     why    should    it�拭  �Who      would     send    his  child   or   his 

apprentice�察�or what tutor would send his scholars�察�or what master would 

send his servants�察�to be deterred from vice by the spectacle of an execution�拭�

If   it   be   an   example   to   criminals�察  �and   to   criminals   only�察  �why  are   not   the 

prisoners in Newgate brought out to see the show before the debtors' door�拭�

Why�察  �while   they   are   made   parties   to   the   condemned   sermon�察  �are   they 

rigidly excluded from the improving postscript of the gallows�拭                   �Because 

an    execution    is  well   known     to  be   an   utterly  useless�察   �barbarous�察   �and 

brutalising sight�察�and because the sympathy of all beholders�察�who have any 

sympathy at all�察�is certain to be always with the criminal�察�and never with 

the law。 

     I learn from the newspaper accounts of every execution�察�how Mr。 So´ 

and´so�察 �and   Mr。  Somebody  else�察 �and   Mr。  So´forth   shook   hands   with   the 

culprit�察�but I never find them shaking hands with the hangman。                   All kinds 

of   attention   and   consideration   are   lavished   on   the   one�察  �but   the   other   is 

universally   avoided�察  �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�察�and why the man who kills him in the name of the 

law is shunned and fled from�拭           �Is it because the murderer is going to die�拭�

Then by no means put him to death。               Is it because the hangman executes 

a   law�察  �which�察   �when     they   once    come     near   it  face  to   face�察 �all   men 

instinctively revolt from�拭        �Then by all means change it。            There is�察�there 

can be�察�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�察�to which the obvious answer is�察�So much the worse。 If they be 

not   considered   with   reference   to   that   class   of   persons�察  �comprehending   a 

great host of criminals in various stages of development�察�they ought to be�察�

and must be。       To lose sight of that consideration is to be irrational�察�unjust�察�

and cruel。     All other punishments are especially devised�察�with a reference 


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                                  MISCELLANEOUS PAPERS 



to the rooted habits�察�propensities�察�and antipathies of criminals。                 And shall 

it be   said�察  �out of   Bedlam�察  �that   this   last   punishment   of   all   is   alone   to  be 

made an exception from the rule�察�even where it is shown to be a means of 

propagating vice and crime�拭�

     But there may be people who do not attend executions�察�to whom the 

general fame and   rumour of   such scenes   is an   example�察�and   a means   of 

deterring from crime。 

     Who are they�拭        �We have seen that around Capital Punishment there 

lingers     a  fascination�察    �urging    weak    and    bad   people     towards     it�察 �and 

imparting   an   interest   to   details   connected   with   it�察  �and   with   malefactors 

awaiting   it   or   suffering   it�察  �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���察 �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�察�but it is not 

understood to have had any remarkable effect on crimes or executions in 

the generation to which it belonged�察�and with which it has passed away。 

Hogarth's      idle   apprentice     is  hanged�察    �but   the   whole    scenewith      the 

unmistakable   stout   lady�察  �drunk   and   pious�察  �in   the   cast�察  �the   quarrelling�察�

blasphemy�察�lewdness�察�and uproar�察�Tiddy Doll vending his gingerbread�察�and 

the   boys   picking   his   pocketis   a   bitter   satire   on   the   great   example�察  �as 

efficient then�察�as now。 

     Is    it  efficient    to   prevent     crime�拭      �The     parliamentary       returns 

demonstrate that it is not。         I was engaged in making some extracts from 

these   documents�察  �when   I   found   them   so   well   abstracted   in   one   of   the 

papers published by the committee on this subject established at Aylesbury 

last year�察�by the humane exertions of Lord Nugent�察�that I am glad to quote 

the general results from its pages�此�

       ;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�察�divided into five periods of six 


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                                  MISCELLANEOUS PAPERS 



years each。      It shows that in the last six years�察�from 1836 to 1842�察�during 

which there were only 50 executions�察�the commitments for murder were 

fewer by 61 than in the six years preceding with 74 executions�察�fewer by 

63 than in the six years ending 1830 with 75 executions�察�fewer by 56 than 

in the six years ending 1824 with 94 executions�察�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�察�perhaps�察�that in the inference we draw from 

this return�察�we are substituting cause for effect�察�and that in each successive 

cycle�察�the number of murders decreased in consequence of the example of 

public executions in the cycle immediately preceding�察�and that it was for 

that   reason   there    were   fewer   commitments。         This   might    be   said  with 

some colour of truth�察�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�察  �and    the  result   gradually     and   constantly 

progressive   in   the   same   direction�察  �the   relation   of   facts   to   each   other   is 

determined   beyond   all   ground   for   dispute�察  �namely�察  �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�察�when there 

had   been   the   greatest   number   of   executions   and   the   greatest   number   of 

murders�察  �that   the   greatest   number   of   persons   were   suddenly   cast   loose 

upon the country�察�without employ�察�by the reduction of the Army and Navy�察�

that   then   came    periods    of  great   distress   and   great   disturbance     in  the 

agricultural and manufacturing districts�察�and above all�察�that it was during 

the subsequent cycles that the most important mitigations were effected in 

the law�察  �and   that   the   Punishment   of   Death   was   taken   away  not   only  for 

crimes of stealth�察�such as cattle and horse stealing and forgery�察�of which 

crimes   corresponding   statistics   show   likewise   a   corresponding   decrease�察�

but for the crimes of violence too�察�tending to murder�察�such as are many of 

the   incendia
卦指朕村 貧匯匈 和匯匈 指欺競何 壘��1�� 家��0��
隆堋響頼��紗秘慕禰厮宴和肝写偬堋響��
梁椣戻幣�� 梁心弌傍議揖扮窟燕得胎��傍竃徭失議心隈才凪万弌誌育断蛍�輌臆惨軼僑〃�燕慕得珊辛參資誼持蛍才将刮襲潜��範寔亟圻幹慕得 瓜寡追葎娼得辛參資誼寄楚署衛、持蛍才将刮襲潜填��