The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-04-26
uhieot. and reform followed. Death was

subject, and reform followed. Death was
formerly the penalty in Great Britain for
stealing as much as SO worth OF prop
erty from a dwelling house or for the
larceny of as much as SLIPS from a shop.
In a debate on a bill to abolish these
regulations Lord Chief Justice Ellen
borough said: IF the theft Of forty
shillings from a dwelling house is not
punishable by death the property or
every householder In the kingdom Will
be left wholly without protection In
every country in Europe the abolition OF
capital punishment has been followed by
a diminution of high crimes and in
creased convictions.
In Great Britain the only offenses for
which the sentence of death can now be
inflicted are high treason, murder, piracy
with violence and the burning of ships
OF war, dock yards and arsenals. Prac-
tically the extreme punishment Is con-
fined to murder; the others rarely occur.
We it appears, have adhered to the OBJ
solete English laws, while Great Britain
herself has done away with them. Gen.
Curtis says that he does not approve Of
executing deserters and spies in war
time. There is nothing disgraceful or
~dishonorable about the work of a spy,
who is selected usually for bravery and
intelligence. Such a man is not deferred
one bit by fear of death. If he is caught
it does no good to kill him. On the con-
tFdTy, dH lmIlcuSc dInUuul VI NdludDlc
information during the late war was
thrown away by the reckless hanging Of
spies. The same view Of this question is
taken by General Schofield, who Is of the
opinion that a commander in the field
should have power of life and death, but
ought very rarely to use 1t. During the
rebellion the United States military au-
thorities shot 160 white men and twenty
seven negroes; they hanged f~ifty-three
white men and twenty-six negroes.
Fear Of death does not act as a power
full deterrent to persons bent on crime.
partly because they realize hat there
are so many chances in favor Of their
| escaping the penalty. Death only APP
| pals when 1t is actually imminent. Muir
derers who have been convicted and SEN
fenced almost invariably gain flesh
| while awaiting execution; they are cheer
full and in a peaceful frame of mind. 1t
is only when they face the scaffold that
they blench.
One matter that urgently needs reform
in the view of many is the extra terri
torial jurisdiction granted to United
States consuls by the statutes Treaties
made with Algiers. the Barbary states,
China, Japan, Siam, Tripoh and Tun1s
give to our ministers and consular oni-
GERS authority of life and death over
American citizens charged with capital
| crimes. The consular court consists of
the consul and from n tc four United
States citizens whom he may ask to sit
with him on the trial. The consul, how
ever, awards the sentence. from which
there is no appeal-except from the con-
| suiar courts in China and Japan, which
are ~appealable to the United States
District Court OF California From other
| consular courts there Is no appeal ex-
cept to the President OF the United
States.
Thus it appears that q citizen OF the
United States or a person enrolled as a
seaman under its nag. when in a bar
| barous country, can be deprived OF his
life or OF his liberty for life without
those forms of law guaranteed TO every
| citizen within the territory of the United
States not actually In the military or
naval service. When IL Is considered
thai the consuls are appointed on ac-
count OF their knowledge OF commercial
affairs. without regard to their acquaint-
ance with the principles of law or the
administration OF justice. II must be re-
| garded as dangerous to commit the
rights of American citizens, their lives
and their liberties to such officials, and
without appeal.