New-York tribune., 1870-04-30
NORTH GERMANY.

prprrs April 5-Wben the question Of abollshng
ca,itaI punishment arose in the North German Diet,
II was shown that with scarcely any exception lneni
bers Of liberal principles favored the measure, and
Il was opposed by Conservatives and by the MINISTRY
Cornt bismarck. in his speech upon that occasion,
ornhod the epithet Of sickly sentimentality TO
IRE motives by which its supporters were III
Auepced. As an argument, that speech was
Of no value whatever; but the term no thus
spplied has been frequently used to weaken
the efforts of the Liberals, by leading 10 Iho
impression that they are an uncertain autloi-
tv controlled by their passions more than by
scientific Investigation, Among the men VINO occu-
pied a seat in tho Diet at rhat lime was Dr Engei'
Director of the Prussian Statistical Bureau OF whom
lean sav from personal intercourse with him, and
very extended acquaintance among the members oil
the various legislative bod..s that assemble ~ hhs
CITY, that there is scarcely any one "a those Doaics
who e0uals him for unbiased research In Iac', 1t Is
almost srerauous for me at this late day to add the
Ueigbt Of my own testimony TO reputation so well
established; and even if he were comparatively un-
known his position at the head OF the Department
NJ Statistics in q country so distinguished as PRUSSIA
for its progress in science should secure Tor MN eX-
oor+;orol attention l make this reference TO DIR,
EReel. because tLe Investigation of many years has
led him to take his place among those whom Count
Bismarck sgmatizod for opposing the death penalty.
Although a high officer of the Government, no has
had no hesitation in expressing his opinion
on this subject, even if it places him In
opposition TO the Ministry. believing, as he
saws that. when 1t proposed TO modify or repeal
anv legal enactment those who have made inquiries
in statistics have not only acquired the right, but IT
is their duty to make known the results of their OBJ
servation. Least Of all should the knowledge thus
obtained be withheld when so important question as
the abolition of capital punishment is under discus
sion have before Inc some very valuable statistics,
arranged under his direction from the materials in
his bureau, which, at least far as Prussia is con-
cerrcd supply the want that has long been felt of
evidence rospectng the possible increase of crime
resulting from the abrogation of the death penalty
The collection Of this evidence has been rendered
very difficult in Prussia from 1918 to 1866, by the
legislation of 1851 very materially diminishing the
number of capital ofenses, and by the change of
opinion, which, in later years has taken place re-
ga1ding acts which come within the terms Of legal
enactments.
fhe eld common law which prevailed until April,
1851, menaccd a vast number of crimes with death
Among the most important treason, high treason
murder, manslaughter, infanticide, grand lar
cenv highway robbery incendiarism, and duel
ing: in addition, the code penal which pre-
vailed in the Rhine Provinces, included coun-
terfaitinr The Penal Statute Book, which
superseded this legislation confined the penalty
10 fourteen crimes, the most important of which are
treason and high treason, murder, mansaughter and
incenGiarism. BY Dr. EnCels compilation 1t appears
that within the IS years have mentioned the total
number Of condomnations TO death was 1872 OF
which $40 were pronounced IN the period preceding
the year 1871. and 80 IN the succeeding tourtecn
years during which the Penal Statute Book was IN
force, being YEARLY average OF 50 condemna-
tons. But during the first period this average was
only reached four times S-S, 1892, lSi3 and 1870 and
exceeded six times 1888 lSj 1851 1872, 1850 and lol
while in the second period it only happened twice
that that this average not exceeded (l6J9 and
1900; the average for the first period is 26 and
for the second period 3j6. The Importance OF tins
fact should not be undeuated. AS the new Penal
Statute Book did not increase but dnnlnlshed the
number of capital Oeuses It would he expected that
the number of Sentenses IN the second period would
be less than IN the hIst 1oT not only te 10 cases OF
infautiCide. larceny and counterfeIflnH could not
Rave been sentenced with death IN the first period If
the common law ana c0e PeAd Iiau pSth eupeIeeue
by the new law, but also great number OF cases OF
mauSlaughter, robbery and lncendiausm, where
the new law was much less stringent. These
~ cases at least should be withdrawn IN order TO
eGualize the statement; it would follow that as from
1918 10 1851, there yearly average OF at uemOst
1870 sentences Of death for oifenses so punishable
during the second PERIOD the average Iupcr UNI &m &m ol
sentences during the second period was about twice
as great as i'm the first The increase OF population
cannot Doe a sufficient reason Ior inns dlhtItce, as
the average population was by no means Twice as
great in the second period as IN the preceding Inc
increase Of population from 1918 10 1860 was O5oi per
cent being in the beginning Of ISIS, l063lg@4' ana,
acc0ldg TO the census Of the th OF DeccmbeI le'i'
lsU90eo3; consequently II the number OF sentences
were to keep pace with the increase Of population
ID. .creg of sentences should be at the most o. per
cent or .-;3 year. and tLat under the assumption,
that the average during the lTst ptrod was III proper
proportion TO the population OF 1878, which Is by no
mis- remarkable difference in the averages Of the
two periods ls TO DE accounted 1or ht lhc uAcI1tO
of l.,el procedure Ijv an enactment Of the 81 OF
january, ls4J ID DO longer required luat poSllNe
evidence alone could convict an accused person, and
rH.rH H#
cases where previously the accused was cliher ac-
Quilted or condemned to imprisonment instead OF
year there were - sentences ana I'D 1921 IeIe were
t0, but in 1919, when this law was not IN force tnere
were but ri sentences
before the King. only 4i9 were approved; IN oo5
cases the sentence was cOmmuted to lmprIsOh-
Inent. From this proportion of executions TO SEN
teuces and paTdOns very significant conclusions may
be deduced In the 4S years, 81 ~ per cent IN the
first period and $3.50 per cent IN the second peilOd
and during the entire term, t495 per cent OF the SEN
teuces TO deatb were COmmuted-7OO6 per cent OF
the sentences were appTOved-@o.4O per cent IN the
first period and 81 per cent IN the second. There
FORE during these Is years out OF tfce persons con-
demned to death two had chance Of being par
dOned and only the fatal prospect Of beng exc
cuted. person about to commit "A capital Oilense,
the prospect of the extreme penalty of the law beng
visited upon the offender is by very great
and there is very great danger that the criminal IN
the moment Of committing the act may be influenced
bv the reflection that the penalty Of the law Will not
be vigorously executed upon him. But the uncer-
talnty that exists III TINS IcSpect HlusI ao3uouIy
defeat the only result which could be ex-
pected from the penalty-that OF deteUng
from the commission of crimes. As it is an mpossi-
bility to modify the pardOning power Of the Crown
II would be much better to abrOGate the law, the
more the annual increase in the number OF par
dOus from the death penalty increases the doubt
among the people of the sanctity Of the law. More
over, the number Of pardOns Is by no means equally
divided between the sexes as far greater proportion
OF females have so escaped execution. From 1918 10
1850, among the males G3.37 per cent were paTd0neq,
and oOtg per cent OF the sentences were approved
among the females, 19S8 per paTdOned, and
1888 per cent Of the sentences were ;rprOved From