The Sun.
London, England, 1866-02-14 00:00:00

SPIRIT OF THE PUBLIC JOURNALS.

TimEs.—The prospect of a Government bill, to be
founded on the Report of the Capital Punishment
Commission, will probably secure for this great ques-
tion more attention than it has hitherto received in
this country. in Italy and other parts of the Con-
tinent, as well as in the United States, it has long
been recognised as one of national importance, and
certainly no other touches more nearly the interests
of society. Measured by the degree of alarm which
they produce, a few crimes like that of Muller, or
the agrarian murders peculiar to Ireland, amount to
an evil which it is difficult to over-estimate. Any
proposal which might tend to double their number
or to reduce it by half deserves the most careful ex-
amination on that ground alone, apart from all the
moral and philanthropical sentiments which may
attach to it. Not that we can or ought to exclude
altogether the influence of sentimental considera-
tions. The actual state of public sentiment is here
a material element in such a case, since upon this
depends to a great extent the efficiency of all penal
laws. We cannot but regret that after collecting
such ample materials on this branch of the inquiry
the Commissioners should have foreborne to enter
into what they call " the abstract question of the
expediency of abolishing or maintaining Capital
Punishment." That question was fairly within the
scope of their instructions, and, if not ripe for a
final solution, at least called for some deliberate ex-
pression of their opinion. Instead of this, a declara-
tion, signed by four members only of the Com-
mission, is appended to the general Report, now
published in full, with the evidence and some
valuable statistical tables. It is to the effect that,
in the opinion of the undersigned, Capital Punish-
ment might safely, and with advantage to the com-
munity, be at once abolished. The subscribers
are Dr. Lushington, Mr. Bright, Mr. Neate, and
Mr. Ewart, all of hom, if we mistake not, were
already pledged to a total abolition of the death
penalty. Mr. Justice O'Hagan declined to add his
name, doubting whether public opinion is yet ad-
vanced enough to make such a change desirable,
but he has recorded his conviction that the weight
of evidence and reason is in its favour. Now, the
weight of reason hardly admits of being tested by
any objective standard, but the weight of evidence
may be ascertained by an ordinary process of ba-
lancing. Happily, the commissioners have prefixed
to their report a compendious and well-digested
summary of the evidence taken before them, by the
aid of which our readers may form their own con-
clusions on this point. The first witnesses examined
were the Lord Chancellor, Lord Wensleydale,
Baron Bramwell, and Baron Martin. All testified
in the most emphatic way to the deterrent effects
of capital punishment, and deprecated its abolition
in cases of murder. Turning to the written answers
of eleven other English and Irish Judges contained
in the Appendix, we find that all, with the qualified
exception of Mr. Justice Shee, concurred in the
same view, and that Mr. Justice Slice based his
opinion, not on his own experience at the bar or on
the bench, but on the arguments adduced in the
work of Mittermaier. Though no one can have a
stronger motive than a Home Secretary for dis-
pensing with capital punishment, Sir George Grey
and Mr. Walpole declared themselves unable to
recommend the substitution of any secondary punish-
ment for "real" murders. Mr. Davis, the chaplain
of Newgate ; Colonel Henderson, who has been in
the West Australian convict service for the last
fifteen years; two Inspectors of Police, Messrs. Kittle
and Tanner ; Mr. Avory, the Clerk of Arraigns at
the Central Criminal Court; Mr. Fitzjames Stephen,
and Sir Mordaunt Wells, were all ranged on
the same side, though differing, of course, on
many collateral questions. The opposite theory
was maintained by Sir Fitzroy Kelly, Mr. Denman,
Sergeant Parry the Attorney-General for Ireland,
Lord Hobart, Lord S. G. Osborne, Mr. Tallack
(Secretary to the Society for the Abolition of Capi-
tal Punishment), Mr. Nissen, Professor Levi, the
Rev. J. Jessop, r. Beggs, apt. Cartwright, and
the Rev. W. C. Osborn. Without, for a moment,
intending to disparage the cogency of the reasoning
employed by these gentlemen, many of whom are
known to have devoted much time and thought to
the subject, we are not prepared to allow that the
" weight of evidence" preponderates in their scale.
Indeed, if we add to the judicial opinions above
mentioned those elicited by a Select Committee of
the Home of Lords in 1847, and recorded on pages
640-43 of this Report, we cannot help marvelling
how so many great authorities can ever have arrived
at the same conclusion, inevitable though it may
be. The example of foreign countries, to which
the Abolitionists appeal, does not appear to throw
much light on the matter. The truth is that few
experiments have as yet been registered, and
these have been tried but for a short time in coun-
tries of limited population. We do not gather
from Mr. Tallack's statements and the volumi-
nous papers contained in the Appendix that im-
prisonment or penal servitude for life has any-
vlere proved more deterrent than death. The
utmost that can be said is that as few throats are
cut under that system as under our own, but, as the
yearly rate of murders fluctuates very much under
any system, this result, unless obtained by a much
broader induction, can be worth very little. For a
similar reason the alleged increase of murders in
some years preceded by numerous executions proves
no more, even after the application of the proper
correction for growth of population, than a casual
rise in the rate of mortality after a period of sanitary
improvement. As for the presumption that because
the penalty of death failed to check sheep-stealing
it is ineffectual in checking murder, we can only say
that it is quite as absurd as the contrary presump-
tion on which our old criminal law was founded.
There are, we freely admit, many a priori and some
a posteriori arguments for the abolition of capital
punishment ; but there is one argument for its main-
tenance which, until, confuted, will outweigh them
all in the judgment of most men. That argument
is that as death is known to be the greatest of
terrors, it must surely be the most powerful of
deterrents. To deny the former proposition is to
contradict the universal experience of mankind in
all ages and countries. To deny the inference is, to
say the least, a startling paradox, throwing an over-
whelming onus probandi on those who advance it.
Not the least among the inconsistencies into which
these so often fall is that of attributing to juries an
intense horror of inflicting death, while they assert
that criminals have no great horror of suffering it.
This fatal inconsistency betrays itself frequently in
the pages before us, if it be not inseparable from the
abolitionist doctrine. We have adverted on a former
occasion to the main recommendation of the report
—the division of murders into two classes, the one
capital, the other not capital. Such a distinction is
far preferable to the French plan of leaving to the
jury a power of finding a verdict of " Murder under
extenuating circumstances." The unanimity of the
witnesses against leaving this discretion to a jury
is very remarkable, but tho reasons which they
assign are almost equally applicable to the alterna-
tive adopted by the Commissioners. It is proposed
that no murder, unless committed in connexion
with some other atrocious crime or" with express
malice aforethought," shall hereafter be punish-
able with death, but in the latter case " such
malice is to be found as a fact by the jury."
Will juries be less reluctant to find express malice
as a fact than to abstain from finding extenuat-
ing] circumstances ? If they are too prone to go
out of their way in favorenz vita, will they reso-
lutely go out of their way to condemn a fellow-crea-
ture to death ? This is a question which Sir G.
Grey must answer if the Government Bill is to
embody the suggestion of the Commisaion. Very
serious objections are also likely to be urged against
the paragraphs recommending that the power of re-
cording sentences of death should be restored, and
that executions should take place before select wit-
nesses within the prison walls. At the same time,
many are naturally disappointed that several prob-
lems of great practical interest, and legitimately
arising out of that immediately before them, should
have been shelved by the Commissioners. It is
quite true that the policy of establishing a Court of
Criminal Appeal, of leaving the Reyal prorogative
of mercy in the hands of the Home Secretary, or of
amending the legal definition of insanity, affects the
whole administration of our criminal law. Still
these subjects, though intrinsically independent, are
intimately connected, for purposes of legislation,
with that of capital punishment. It does seem a
pity that, having taken copious evidence upon them,
and having obtained on the two former a very deci-
sive, if not unanimous, expression of opinion, they
should have shrunk from the responsibility of giving
a verdict. No commission of inquiry need be afraid
of exceeding its functions, and no greater service
can be rendered to the public than to relieve us, if
possible, from the necessity of " further investiga-
tion."

lIEIiALD.—After a stormy and perilious passage
across the Atlantic, the Atrato reached Jamaica at
the close of the third week of January. We have
received by the return mail the first impressions of
a correspondent,who endeavours, and will endeavour,
to transmit to us from time to time a faithful ac-
count of the progress of events and the state of
feeling in the island at this critical period. Our
correspondent was startled on landing in Kingston
by the luxurious manner affected by the black popu-
lation and the showy dresses in which they disported
themselves in the streets. He had been told that the
negroes were starving, and that very few had a rag
left to cover them. His experience corrected this, as
well as other false impressions derived from preju-
diced reports. He had heard in England that the
people in the island were inclined to make light of
the Morant Bay affair as a mere local riot. " If
Kingston represents the prevailing sentiment on
this point, the statement in question is wholly and

utterly without foundation." Every white ARC
coloured person there believed at the time, and still
believes, that the so-called riot was no more nor
less than a formidable rebellion, which would have
involved the whole island had it been allowed to
gather head. As it was it extended over 60 miles
of ground, involving the destruction of a large
number of lives and of all the houses in the district.
Our informant tells us further that the whole white
community, while not averse to the Government
inquiry, is unanimous in approving the conduct of
Governor Eyre. The negroes, on their part, have
assumed of late a triumphant and insolent attitude
which augurs ill for the future. Large numbers of
them have struck work, and are crowding up to
Kingston with the intention, as they say, of giving
evidence before the commission. The office of the
" Jamaica Committee" is besieged day and night by
would-be witnesses. We trust Messrs. Gorrie and
Payne will exercise their discretion in taking down
their information separately, as probably every fresh
witness will contradict the last one on some material
point, and it will be advisable to avoid a scandal of this
sort before the Royal commission. Meanwhile that
commission has been opened, the Jamaica Parlia-
ment having readily granted it the right to compel
witnesses and examine them on oath ; and Sir Henry
Storks promising that the inquiry shall be " full,
searching, and impartial," Mr. Eyre has retired to
his country-house to await the event and take his
turn to give evidence. Addresses of sympathy and
support are being voted to him from all quarters.
One, which is signed by a number of Dissenting
ministers, including two Baptists, seems to have a
peculiar significance at thepresent juncture. " With-
out expressing any opinion," they say, " on isolated
acts, and regretting the great loss of life that has
occurred, involving, we fear, to some extent, the
innocent with the guilty, we would nevertheless
cordially express our conviction that the general
policy pursued-by your excellency was absolutely
necessary to meet the exigencies of the case, and
was dictated simply by a sense of duty and of the
responsibility which rested on you at a period of
such alarm and extreme danger."

The Gale of Sunday.

HAYLING ISLAND (HANTS), Monday Night.

Yesterday we had the fiercest tempest ever re-
membered. At half-past four the Olive Leaf, life-
boat of the National Lifeboat Institution, was
launched, but on arriving at the other side of the
ferry the coast-guard officers informed the crew
that their services were unavailing, as the unfor-
tunate vessel had literally gone to pieces. She was
the brig Joanna Elizabeth, of Hamburg. As soon
as she struck, the crew (from seven to nine in
number), as well as could be made out through the
thick gloom of the tempest, took to the rigging.
In a quarter of an hour or twenty minutes the
masts went by the board. The ship broke up
into fragmentg, and every soul perished. It is
supposed that the captain's wife and family were
on board, women and children's clothing having
come ashore.

KINGSDOWN (KENT), Monday Night.

A brig was observed yesterday afternoon with a
signal of distress. The wind fearfully violent, and
the sea so rough that no ordinary boat could be
launched from shore. The Sabrina, new lifeboat of
the National Lifeboat Institution, was launched,
and made at once for the brig, but before the boat
could reach her a cruising boat from Deal got to
her and took her in hand, and apparently worked
her towards Ramsgate Harbour. Great credit is
due to the crew for their daring in launching the
boat during such wind and weather. They are de-
lighted with their new life-boat, in which they are
ready to venture out in any weather.

POOLE (DonsET), Monday Night.

It blew a terrific gale from the S.E. yesterday,
and several vessels got ashore. The lifeboat
belonging to the National Lifeboat Institution was
launched, and taken out in tow of the steam-tug
Royal Albert into the bay, but was not able to ren-:
der any service in saving life, which was doge by
the steamer. After being afloat 10 hours informa-
tion was received that the Elizabeth, of Exeter, was
ashore on Christchurch bar, and the assistance of
the lifeboat was asked for, as the rocket apparatus
could not reach the vessel. The boat was accord-
ingly taken on her carriage overland, but on reach-
ing the scene of the wreck the crew had been taken
off, although throe out of, seven had perished.

WORTHING, Monday Night.

During a very heavy gale from S.S.W. yesterday
afternoon, the lifeboat of the National Lifeboat In-
stitution was taken along the coast and launched to
the assistance of a brig which was ashore at King-
ston Cove. On arriving alongside, however, the
vessel was found to be abandoned, and the lifeboat
therefore returned to the station after an absence of
12 hours.

COUNTRY MARKETS.

--r----
BRISTOL-TUESDAY.

At our market to-day there was a thin attendance, but
rather more business passing in wheat. Prices about the
same as last week. Barley and oats more inquired for.
Beans and peas inactive.