New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-03-26
THE DEATH PENALTY.

BERLIN. March 5.-It is strikngly true Of Germany
that the progress of moral development can IN each
State be most clearly traced in its penal statutes.
Although most jurists and nlightened public men
are of the opinion that the punishment OF crTlnals
by death is not necessary for the promotion OF JUS
tice, they acknowledge that the greatest opposition
to its abolition comes from the most uneducated
classes, who are accustomed to demand. In revenge
for INJURIES punshments much ont OF proportion TO
the ofenses and who in private life adopt IN practice
the same mode for gratifying their angry pas
sions. The progressive spirit of 1913 led to the
Insertion into the German fundamental law of
clause declaring the penalty of death abrogated'
except where it was prescribed in the articles OF war
or where il was necessary IN the case OF mutlny NJ
sea. 1t was consequently adopted IN Weilnar'
Schwarzburg- Rudolstadt, urg-S0ndeIshau,
sen. Koburg-G0tha Anhat- Dessau- kothen, ana
besides in Wirtemberg. Electoral Hesse Darn
stadt. Brunswick, Baden, Nassau. Bremen. Frank
fort. Oldenburg, and SchlesWlg n9ls,eii a LUZ
in tho reaction which succeeded IL was
Anhalt Nassau. Oldenburg and Bremen adhcrlhg
to its abolition. Nevertheless, when Nassau
was annexed to Prussia IN 1870 ana tue RUSSIAN
law was extended to that territory capltal punlsh
ment was once more introduced. About year ana
a half AGO this mode of punishment was aDolIsneu
IN the Kingdom of Saxony, and the prospect OF Tue
aaopon of a similar practice In Baden Is very favor
able Toavod many of the bad effects OF punishment
by DEATH executions take place WITHIN WaIis: iIlls
system was introduced into Prussia III 1911. ultcI
berg and Brunswick in 1863 Altenburgl 1911 SaXony
i'm lS55 Baden, Weimar. and Schwarzburg- Runostadt
in 1856 SchwarZburg- SOndershausen ana hoDuIg-
Goha in 1857, Hanover IN letO, Bavaria III ioi FL
Execution is usually inflicted by the gull0tlne, put
on account of the repulsye rec0ectiOns OF the teNo
luton it was not introduced III the different STATES
of Germany until various periods between Ioo@ anu
1860 There are no complete statistics TO snow
whether the abTOgatOn Of the death penalty y ciu
culated to produce increase OF crime, Dut tne
materials at hand go far to prove that 1t Is not AS
70 tI,on itvn If
man iurists with great uDanmity Thirty years ago
the tnguished Mttermaer wrote against H. ana
now one of the most eminent writer's on criminal
law Prof Berner of the Berlin University
condemns it in such tOrclDle language
that must not fail to give the glst OF his reasoning
In his Lehrbuch deS deuschen StrdrechteS" he says
the penalties should serve three purposes: atone
ment for injury inflicted; determent from commit
ting injury, aud the reformation OF criminals olhcS
BeccarIav he writes, "yolces become louder anu
more numerous in cOntesting the justice and WISDOM
of the penalty of DEATH ana 1t can with conhdence
be asserted that more mature system OF penaltits
will abolish this mode OF punishment Inc ueath
penalty does not answer to the general requisites lot
the selection of means Of punishment It's frequent
intlction has very injurious effect upon Tue olll
of the people, makes it coarse and blunt. awakens
cruelty and n thirst for blood and nOurlshes the
spirit of revenge. The penalty cannot be quail
lied eand therefore, distinction as te8d ,nis
than any other penalty in its ELECTS 10 the person Oh
the criminal for it deprlyes the family of the con-
denned forever of their provlder. leaves IN them
painful remembrance and, like specter frlghtenS
their fellows away. Finally, 1t has the horrible I'M
perfection that through 1t "A human error may never
be Tectiied. and may occasion for all time judicial
murder. The death penalty is no demand OF justice"
After arguing that IL cannot be regarded as reIigi
command. and even questioning the authority Oh
the state over life and DEATH lie goes on 10 prove
that it does satisfy the three purposes lOr WHICH
penalties exist. 1t does not satisfy the clam or
atonemcnt for it is the result OF demand 1Or re-
yenpe and aonement is the more noble and true the
less the penalty is marked with this feeling, ana the
more it is udiclously and prop0rtl0nalIy applied
4. ant he
from perperating crime in the future but Ii goes lar
beyond the necessities OF the case, Tor the same re-
suit might be attained by adequate imprisonment
The influence ii exercises IN TINS respect Is inucn
weakened as crimes mcnaced with death as penal
ty render the hope of unjust acqulttal more
certain Of realization, and, IN many states,
make the prospect OF pardon almost certain. This
penalty is very little calculated 10 bring about re-
formation in the criminal; although 1t Is not I'M
probable that the agitation produced on criminal
by sentence OF death may awaken IN HIM sense OF
his evil course. Snch cases are rare and even where
a criminal makes such professions they are OF du-
bous character; only two cases are poSsIDe-eltBer
the criminal has arrived at of his guilt enter
tains remorse and cndeayors 10 reform, or he does
not regard his act as worthy OF condemnation and
adheres to his previous opinion. In the nISt case
society clearly does not need the execution OF the
criminal, and in the second the death penalty Is IN
contradiction to the demands OF higher morality,
which can never approve of mans beng led TO the
block who has 10 OF his guilt, and who IS about
10 expire with the conviction that injustice Is done
him. As regards the method OF aoollShlnS
-
deny that the principle Of a gradual reform Is the
only wise principle for one so thorough. But Tor q
century the question of gradual abolition oil TINS
penalty has been agitated. lie ever increasing
number of pardOns of those condemned to death
have already brought about an abnormal state IN
the administration OF justice. But 10 apply TINS
principle Of n gradual reform in such way that the
death penalty shOuld be legally confined 10 the most
extreme eases of murder would be insufficient
because the differences OF LIABILITY to punishment
are hot clearly enough defined. Science therefore,
i'm demanding q complete reform OF the system Of
penalties has no other resource but to require the
entire abolition of capital punishment"
The arguments OF such enlightened men "a
Prof Berner have Mt last led to proposition for
abolishng capital punishment throughout North
Germany The most important work which u was
thought would engage the present session OF the
Diet is the bill proposing uniform system OF pans
and penalties in all the States of the Confeeraton
Now as the penalty OF death Is part OF the law
throughout almost the entire Confederation, the
new penal statute book to retain that penalty.
and, consequently, introduce it in Anhalt. SaXony.
and Oldenburg where it had already been abolished.
The bill came up last Monday In the Diet, on q
second reading, and upon the first paragraph the
question arose. Two amendments 10 the bill were
proposed, striking ont the words with death" ana
upon these amendments debate arose which lasted
two days. The debate disclosed the fact that most
of the Conservatives i'll favor of the penalty,
and all of the Liberals were opposed TO it, There are
many divines who members of the Diet. and all,
even those OF conservative tendencies favored the
abolition of the penalty. The Plenipotentary of
SaXony IN the Council spoke warmly i'll favor of the
succeeded by n representative from the same State
on the same side. " As the moro repulsIve forms of
execution were abolished said he, precisely the
same objections urged raised against
the abolition of capital punishment. The represent
aiyes of Saxony, Oldenburg, Anhalt Nassau, and
Bremen tell us whether the number Of crimes
merting death have increased in their States after
the abolition of capital punishment. French jurist
has said: Criminals hope not to be discovered. and
when condemned, hope to be paTdoned! OF 22S sem
fences of death in the territory of the Confederation
A have been executed; in Holland, of 500. only 10
have been executed. In England of l64 who were
executed, about 100 had been present at an execu-
ton"