The Sun.
London, England, 1866-01-26 00:00:00

SPIRIT OF THE PITBLIO JOURNALS.

TIMES.--The report of the Commissioners on
capital punishment, now for the first time regularly
published, contains the divisions of the Commission
on the most important points at issue in the inquiry.
It appears that Mr. Ewart moved a declaration to
the effect that "capital punishment might safely and
with advantage to the community be at once abo-
lished." This, however, received the assent of four
only out of the 12 Commissioners—namely, Dr.
Lushington, Mr. Bright, Mr. Neate, and Mr. Ewart
himself ; but Mr. Justice O'Hagan appended his
opinion in favour of the principle theoretically con-
sidered. He thought that " the weight of evidence
and reason was in favour of the abolition of capital
punishment," but he doubted whether public opi-
nion was ripe for such a change, or whether it could
be introduced without practical difficulties. Ano-
ther division took place on the substitution of pri-
vate for public executions ; and here it is remark-
able that all the four Commissioners who had voted
for the abolition of capital punishment altogether
voted against this proposal for inflicting it privately.
In this protest they were joined by one other Com-
missioner, Mr. Moncrieff. Although, therefore, the
report itself conveyed no expression of opinion on
the critical question of retaining or abolishing the
last penalty of the law, it is plain that an absolute
majority of the Commissioners were, if not in fa-
vour of its retention, at any rate unwilling to re-
commend its abolition. A perusal of the evidence
taken will at once suggest the case with which any
variety of inferences might have been drawn from
it. We have already observed that before any
conclusion could be generally accepted it would be
requisite to settle a previous question, more difficult
than the question itself. " Ought we to hang a
man ?" is the immediate inquiry ; but this would be
preceded by another, " Why is a man hanged ?"
If we consider that society, in taking the life of a
murderer, is only exacting a retribution justly due
and most distinctly prescribed, almost all the ob-
jections against capital punishment would at once
disappear. From this point of view it signifies
comparatively little whether the spectacle of an
execution has a deterrent or a brutalising effect,
or no effect at all. The assassin has forfeited
his life, and the forfeit is exacted. He has
rendered himself liable to punishment, or rather
has left it incumbent upon society to in-
flict this punishment upon him. The punishment
so deserved must be inflicted, and it is a matter of
secondary consideration only in what manner or
under what circumstances the execution should take
plaee. It is well known, of course, that a theory is
entertained which is exactly the reverse of this—a
theory which condemns the taking of life for any
crime, however enormous, as unbecomine, a Chris-
tian community, if not opposed to Christianb law.
The advocates of these principles have no common
ground with the partisans of the former doctrine,
nor would any amount of evidence be likely to bring
them together. The main question, therefore, is
not so much a question of evidence or authority as
of conflicting forces and ultimate preponderance.
One of the contending parties is, undoubtedly, more
active than the other ; but we are not prepared to
say that is the more numerous, or even under the
deepest convictions. As regards the secondary
question of prevention, there is, at any rate, one
guarantee acquired by society from the retention of
capital punishment. It is quite certain that a man
who commits a murder and is hanged for it will
commit no more murders. No other punishment
of a murderer would give us this certainty ; for it is
obvious to remark, after what we know of penal
servitude, that no sentence of imprisonment for life
could be regarded as irrevocable or final. It was
given in evidence that no criminals would believe in
a life-sentence, though, if they could believe in it,
it might frighten them more than death. Strong
testimony, too, was given to the fact that such sen-
tences could not not be practically carried out.
The criminal would become insane or desperate,
and utterly unmanageable, if deprived of all hope
of relief. Mr. Denman even recognised the pos-
sible necessity of using chains or cages for such
people ; but it may be reasonably questioned
whether such a punishment could hold its place
after the gallows had been abolished. If the in-
fliction of death is to be avoided in deference to
humanity, it is clear that inflictions believed to
be worse than death could hardly be retained.
Mr. Denman's evidence is exceedingly curious,
especially if regarded as the expression of practical
experience. In his capacity as a barrister he made
a point of attending every case of murder tried on
his circuit for some years, and he was himself not
unfrequently engaged in these trials. He now tells
us very distinctly that in his opinion the chief effect
of Capital Punishment is to enable a prisoner's
counsel to obtain an acquittal from a jury. Not
only the jury, indeed, but the Judge, the witnesses,
and all parties together, are involuntarily influenced
by the prospect of a capital sentence in case of con-
viction, and disposed, if possible, to escape so awful
a conclusion. The consequence is that murderers
" as bad as Palmer and even Rush" are acquitted
and let loose again upon society, and Mr. Denman
is anxious to protect society by the substitution of
a penalty less likely to interfere with conviction.
" It is open," said he, " to those who are acquitted
to commit fresh murders." No doubt, but might
it not be also open to those released or escaping
from confinement ? If the protection of society is
the one Object to be insured, there is certainly no
prison so safe as the grave. If there are men as bad
as Palmer and Rush abroad in society, at any rate
the actual Palmer and the actual Rush are not among
us, and never will be again. The present system,
contemplated from this view of the case, gives us
absolute security for the future in what we must
needs presume are the most dangerous instances ;
the other system, while releasing us, possibly, from
some danger now encountered, would deprive us of
absolute security altogether. If there were no gal-
lows, says Mr. Denman, we should have no Painless
among us defying the law. If there were no gal-
lows, we answer, we might have Palmer himself
among us at this moment on ticket of leave. The
question of private as opposed to public executions
can be argued more independently of foregoing
principles than that of Capital Punishment itself,
and we can hardly recognise in the evidence so de-
cided a preponderance of opinion as the Report
suggests. Supposing hanging to be both lawful and
expedient, we are clearly at liberty so to regulate
the execution as may conduce most to good and
least to evil. It is said to be an evil that those who
attend an execution arc " brutalised," or, at anp
rate, not beneficially impressed by the spectacle; but
if it is a greater punishment or indignity, as nobody
doubts, to be publicly hanged than to be privately
hanged, society is entitled to the advantage of the
greater effect. It is certainly possible that a mau
who would not be frightened by the mere prospect
of death might be frightened by theprospect of death
on a public scaffold, and thus deterred from crime.
It is admitted also that there are certain other ad-
vantages in publicity, while, as far as we can see,
the particular persons presumed to be "brutalised "
are too brutish already to be exposed to much in-
jury. The opinions of the Judges ow the question
were much divided. Lord Cranworth is in favour,
" on the whole," of private executions, but he rea-
sonably remarked that the actual sight of a man
hanging would be more likely than any other lesson
to teach another man that if be committed murder
he would be banged. Baron Martin is for public
executions. Baron Bramwell would have them
neither entirely public nor entirely private, but he
added that his opinion on the subject was not de-
cidedly formed. Mr. Justice Willes was equally
undecided, but " had not been able to make up his
own mind to make any change." Lord Wensleydale
would have executions iu private. We do not ima-
gine that Mr. Bright and his friends really object to
the privacy of executions, if executions there must
be, but rather that they were unwilling by their
recommendation to give their sanction to executions
of any kind whatever. In the same way we should
interpret their adhesion to the suggestions of the
actual report, as placing the best limitations on
Capital Punishment, if such punishment is to be
retained at all. But the inquiry has shown more
clearly than anything else the inevitable complica-
tions and embarrassments of the whole question.
There is a feeling, no doubt, against the taking of
life, but there is also a feeling the other way, though
it is less openly expressed, and it might be mani-
fested, as was admitted before the commission, in
very undesirable forms upon any great provocation.
Opinions may change, perhaps, in future genera-
tions, but instincts are strongly conflicting at pre-
sent, nor are they likely, we fear, to be effectually
reconciled either by investigation or discussion.
HERALD.—In times of political trouble and great
emergency we cannot expect to meet with Justice in
that robe of decorum, an i with that patient expres-
sion on her face, which she is accustomed to wear
when surrounding circumstances are as decent and
orderly as she is. The punishment of malefactors
must needs be sharp and quick when it is necessary
to create an impression, which the delay of a day,
or an hour, may do much to remove. We should
not like to have repeated in our day those summary
executions, which in old times were wont to follow
a revolt, when men were hanged on mere suspicion
or on hearsay evidence. There is something in the
very nature of martial law which is repugnant to the
English temper, and it is well that it should be so.
Yet that in extreme cases it is necessary no one can
deny, and especially in places 'where the power of
Government is so weak and so ineffectively sup-
ported by armed force that the latter when chal-
lenged must act with vigour or be in danger of being
overwhelmed. Such seems most emphatically to
have been the case here. This mountainous country
gives every opportunity to a rebellion. The blacks

in one district broke out in October last into bloody
revolt, and a conspiracy was known to exist among
the other negroes in the island. The coloured out-
numbered the white people by more than 30 to 1,
and there were but two or three hundred soldiers
altogether in the island. That the Governor and
the white people should have been alarmed at such
a conjunction of circumstances can be a matter of
surprise to no sensible man. To accuse them of
"senseless panic" is as unjust as it is absurd. The
occasion was just such a one as called for prompt
measures of severity, and excused the trial by
court martial instead of civil tribunal of men
ac-
cused of complicity in this dangerous plot. e
publish to-day the official account of the trial of
George William Gordon, about which so much
has been said. It is prefaced by a history of
the circumstances of his arrest at Kingston,
with whichwe have been favoured by an official
high in authority at Kingston. It was the
disagreeable duty of this gentleman to have to
execute the Governor's warrant for the arrest of
Gordon and personally to convey him on board the
Wolverine. According to his statement, Gordon
was conveyed to Mora,nt Bay simply because the
courts of law at Kingston had no jurisdiction over
acts committed in St. Thomas-in-the-East. It was
for such acts that Gordon was arraigned. In one
special particular this evidence is of much value.
Gordon had been a leading member and a most
punctual attendant at the meetings of the vestry of
St. Thomas. At the meeting of that vestry on,
October 17, the day of the massacre, when all the
loyal members were present, his absence was re-
marked. The writer states that the prisoner was
il
l
at anxious to convince everybody that he was
at the time, though " there was no doubt that he
was moving about between Cherry Gardens and
Kingston." It is remarkable, too, that almost im-
mediately after his arrest he expressed his convic-
tion that he should have to suffer death. "It was
an unfortunate chain of circumstances," he said.
In weighing the evidence on which this wretched
man was convicted we should desire to divest our-
selves of all prejudice against him derived trom the
fact of the almost unanimous belief of whites and
blacks in the island that he was the chief instigator
and prime mover in the rebellion.. Such a feeling
can hardly have existed without some foundation ;
but suspicion, however strong, must be corroborated
by evidence, even in a drum-head trial. The evi-
dence in this case, though hastily collected, was
abundant. It was not positively proved that Gordon
was connected with the murders on Oct. 17 ; it was,
however, shown that they were committed by his dis-
ciples, men to whom he had spoken of the necessity of
killing the whites. Men who had the sentence of
death impending over them pointed to him as their
adviser and counsellor—the leader of the revolt.
The statements of these "miserable blacks" cannot
be questioned by those who are in favour of raising
the black man to an equality with the white.
Whatever colour they were, the fact that they
were standing over their graves gave solemnity to
their words and an air of credibility to their
statements. John Anderson swore that Gordon
went to Paul Bogle, and said to him, "We
I must get up some men to go to Morant Bay
to seek about the back land, and if
we do not get the back lands all the buckra they
will die." This was in the month of June or July
last. The words were said publicly at the Baptist
chapel at Stohy Gut after the meeting. James Gor-
don stated that G. W. Gordon sent a letter up the
valley to say " there would be a war, and that the
whole people must be prepared for it." Thomas
Johnson, on his deathbed, deposed to the seditious
meetings convened by Gordon and the inflammatory
language used by him. " Mr. Gordon's people made
the disturbance and Mr. Gordon teach them." One
speech made by Gordon at a place called The Alley
was reported on oath before a justice of the peace
at Vere. In this he denounced Baron Ketelholdt,
the Governor, and the sin of Sabbath-breaking, told
the people they were starving and tyrannised over,.
and ended by saying, " You must do what Hayti
does. You have a bad name now, but you will have
a worse then." It was next proved that Gordon
was in active correspondence with the leading rebels
Chisholm and the Bogles. A black of the name of
Thomas swore to the continual conferences and
good understanding between these three. Thomas
had heard Gordon advising the black people not to
pay for their land, but "to seek for the whi▪ te
people first." Particular reference was made in the'
trial to a meeting on July 29, to which Gordon in• -
vited all the negroes of the district, and to the pla-
card called " State of the Island." which was
proved to have been written by him. The placard
is couched in violent and seditious language, and the
meeting was followed by many others, among the
rest that one on Sept. 4, when Gorden advised them
to imitate the example of Hayti. We are not
sur-
prised that Gordon spoke of circumstances
being
against him. They were very much against him in-
deed. If even we put aside the statement that he
talked openly of killing all the whites, though we
cannot say that we find any reason to discredit it,
there was abundant evidence that he was at the head
of a seditious organisation, that he engaged 111 3
long course of agitation, the plain object of which
was to drive the blacks on to a violent outbreak
against the authorities of the island and the land-
owners who employed them. If to plan and counsel
a revolt be treasonable, Gordon seems to have been
guilty of treason, and to have justly suffered death.