The New York herald., 1870-06-19

The National Reichstag-Debate on the Grim
inaI COde-COunt Bismarck 20 the Rescue
The Premier's Treatment OF Eesicide and
Political Party Assassins-The Vote and
Cabinet Victory.
BERLIN, June 3, 1870.
You are undoubtedly informed Of the result or the
capital punishment question IN the Rcichstag and
the unexpected victory of the government party.
II remains to give you synopsis OF the interesting
and excited debate which was postponed on
the morning of which day Count Bismarck put In an
appearance, thereby indicating that he would join
issue with the Fortschritt and national liberal party
and throw his whole weight against them. Many Of the
members usually absent had rallied for the occasions
the Polish deputies heretofore generally repre-
sented by only one OF their number, had turned out
in full force. The third reading OF the Criminal
Code bill being the order OF the day. 1t was preceded
by a discussion of some amendments 1t will be re-
collected that at the second reading a majority
voted in favor OF abolshng capital punishment, and
it was now thought by these amendments to rein.
roduce the death penalty for various crimes, such
as murder the attempt of 1t against the chief Of
the Confederation or the ruler OF State.
THE DEBATE
The prominent national liberal Deputy, Count
Schwerin. led OF by advocating the reconsideration
of the previous vote against capital punishment, al
| eging that the code was too important TO be
| sacrificed to differences on this head in view
| of the intention OF government OF with
drawing it altogether. He drew attention to the
| fact that the new bill reduced the cases
| of capital punishment from fourteen to two only;
that owing its mder provisions the average penl-
tentiary punishment would be annually essened by
thousands of years. and that it was dictated in a
liberal spirit. All these advantages should, in his
opinion warrant change OF vote on reconsideration.
| On the conclusion OF this appeal Count Bismarck
rose and expressed his regret at not having been
present during the former debates. He could assure
them that this bill could never have been brought
into the house had it not been for vast sacrifices on
| the parts OF the monarchs Of Germany their per-
| sona convictions and that Of their councillors.
| The contest has been severe and nothing but
| the highest national aim could have obtained
these concessions from government. One Of the
amendments offered would be strongly opposed
| by him, namely, that in those States OF the
| Confederation where capital punishment had
already Deep abolished Imprisonment for life should
be substituted This would give rise to legal diff
| cules for instance, II a murderhad been committed
| in q railway train during the night the question Of
not recognize any such distinction IN North German
territory dividing It's ctlzens into classes one or
| which would be subject 10 the eXecutOner's axe
| While the other would claim exemption. In this
matter he knew no SaXony, no Oidenburg, but only
uniform law for all. He then referred to the origin
OF the Confederation, and dwelt upon the efforts ne
cessary to annihate the partlcuarsm Of different
| States anu parties. An IRON will and pressure had
been needed to bring about union.
A voice, "The union Of the hangman's axe ~
(Cheers and counter cheers) I'm glad OF this testl
| mony caused by the opponents OF German unity I
beg pardon, gentlemen, II my physical powers are
not commensurate with the vigorous defence OF my
| earnest conviction. The Premier then expatlated
| work OF Germanys most renowned Jurists the al
most insuperabe difficulty OF bringing Germany un-
der one Legal code which ae l. now now remained nt 9r the
this from the German people; give them this l!npOr.
tant pledge for the future; snow that in the heat Of
| party strife you can drop personal considerations
| and act for the welfare OF the country.
THE REPLY.
Deputy LaSker rose In reply, expressing his SatlS-
faction that the great statesman enabled TO take
| part in the debate, though he was opposed to him.
| lie could not but acknowledge the undisputed mer.
its of the b though he would now proceed TO point
out its numerous shortcomings. The learned gentle
man, in doing so at some length came TO tne con-
clusion that rather than rescnd the former delDer-
! ate against capital punishment he would con-
sent to Its withdrawal now and leave to government
its reproduction In modified form at some future
period In spite of the government declaration on
the second reading respecting entire withdrawal or
the whole bill. majority OF thirty nine had adhered
TO abolition OF capital punishment ana this result had
| not been without It's effect upon other countries,
! such as France, Baden Bavaria and Belgium. Even
| In England we remark an increase In communications
| OF sentences. Holland viii speedily abolish it,
| should we remain firm; for peoples stand by each
other IN questions OF clvilizaton anu humanity.
feaed now, to lay this bill before another Reichstag;
| IN the meantime the voice OF the people may be
/ nelTu. SnOuiu uOWeNCi, tuc iUiiHeT VOlc UC le-
scinded we must not lose courage, but do the best
for the welfare of the Fatherand. (CheerS.)
| THE CLOSE AND VOTE.
Other speakers pro and con. followed, adducing
the most ingenious arguments in support OF their
| position. Some took a religious view of the ques-
| ton. A Catholic member, protesting his reverence
for the Pope, nevertheless spoke in favor of aboli
| ton. According TO him the safety of monarchs was
based upon the love OF tile people. Did we not re.
Gently see $4,000 men following the peoples friend
| deputy Waldeck to the grave, and how much more
advantage have not mOnarchs from their lofty
posltonp
Here the general discussion terminated, and II
| came up for consideration. AS this, however. has
| reference TO the main point, tho debate was re-