The weekly intelligencer. [volume] (Lexington, Mo.) 1891-1901, 1894-03-24
THE DEATH PENALTY.
A Sensational Report Submitted
to Congress.
The Judiciary Committee Speaks Very
Plainly About the Criminal Code
Number OF Capital Orenses
Under Present Laws.
A Sensational HepOrt.

most sensational document submitted
to congress in years is the report of the
judiciary committee accompanying the
bill ito define the crimes of murder in
the first and the second degrees and to
abolish the death penalty"
"A comparison of the criminal laws
of foreign countries" Mr.. Curtis says,
with those of the United States shows
we undoubtedly have the bloodiest code
in the world, and it is confidently stated
that we also have the greatest number
of homicidal crimes in proportion to
population, while the administration
of justice, measured by our statutes, is
the most uncertain and abor tive, Judge
Lynch's court furnishing the most gem
eral and certain method of furnishing
violators of the law"
His first table shows that in the first
thirty-seven years of the republic the
letter and spirit of the criminal laws
were supported by public sentiment
and that the administration of justice
travelled in lines parallel with the pro-
visions of the criminal code. "But the
statistics for 1890. 1891 and 1892 fur
nished by the attorney-general," says
Mr. Curtis, ''show that the administra-
ton of the criminal law has divcrged
from our ancient and unchanged stat
utes In former times, in proper cases,
about S5 per cent. of those tried were
convicted. while in recent years the av-
erage is less than 20 per cent in the
federal courts, and still lower in the
state courts"
Perhaps the most remarkable state
ment also proved conclusively by Off
cial reports is the one which accompa-
MES table No. 4, In which it is declared
that In those states prescribing the
death penalty for the greatest number
Of offenses, homicides have been most
frequent, while lynchings have in
creased, and the number of legal exc
cutions have diminished.
In giving the offenses for which the
death penalty may be inflicted under
the criminal codes of the several states
and territories, 1t is shown that in a
general way the southern states lead.
Georgia easily ranks first with crimes
for which capital punishment may be
prescribed. These are treason, insur.
rection or an attempt to incite 1t, mur-
der, killing unborn child if injury re-
suits in mothers death, counseline
pregnant woman to kill her child, Grim.
inal assault, arson. malicious burning
of railroad bridges, perjury in capital
case. Louisiana, Alabama and Mary.
land each have seven crimes for which
the death penalty is fixed, and a mum
ber of the southern states four Not
withstanding these many crimes fol-
which the law fixes the penalty a,
death, there were sixteen persons
lynchcd in Georgia in 1892. twenty.
eight in Louisiana, twenty-five in Ar
kansas, and twenty-one in Alabama
leading all the states with few crime.
legally punished by death, excep
Texas, which tied Louisiana. having
twenty-eight lynchings In Rhode Isl
and capital punishment was abolished
in 1852 and in 1858 it was abolished in
Wisconsin.
The table giving the homicides in tn,
United states during the past thre,
years shows this progression: In 1890
1880; in 1891, 5.9O6 and in 1892, 6,79l.
The report of the judiciary committe
favors a retention of the death penalt,
in cases of murder and criminal assault
with certain notifications. In discuss
ing the bill the committee gives tn
following interesting review: THE OF
fenses to which the death penalty wa
affixed during colonial times wer
adopted from the English code and re
enacted in the federal statutes after tn
adoption of the constitution. Fe,
changes have been made during tn
last century. At this time there ar
sixty offenses for which federal law
prescribe the death penalty, positivel
or conditionally, as q military or nava
court martial may, in its discretion, d
rect There have been no execution
for many of these offenses for Ion
term of years. Their existence in tn
statute gives a sanguinary character I
our laws inconsistent with the spirit {
the people and Of the age.
while the crime of murder in til
first degree and criminal assault ar
under this bill, punishable with dealt
provision is made that life imprisol
ment may be substituted for the pei
atty of death in trials in the civ
courts, whenever the jury shall qualit
their verdict by adding thereto witt
out capital punishment and in tria
in military courts for the crimes of d
sertion in time of war and aggravate
mutiny, imprisonment for life may
substituted for the penalty of deaf
whenever the court may, in its di
cretion, SO direct These modific
tions are in harmony with the practi
of many states and u growing publ
sentiment
. "Your committee recognizes u
strength of the arguments presents
by the advocates of the abolition of Il
death penalty, supported as they n
i by statistics and the satisfactory G
, perience of states and countries
which partial OR total abolition h
= been tried; and several members
your committee are fully prepared
recommend the total abolition OF {
punishment of death. But others /
; lieve this penalty to be great dett
= rent. and that the people are not,
this time. ready for total abolitio
therefore your committee unanimous
recommend that for the crimes specifi