The Washington herald., 1906-11-25


last 100 years than that of capital pun
ishment. which Empress Catherine the
Great Of Russia was the first Of European
sovereigns to abolish. prompted thereto
By the French savants whose presence
in her encourage relieved her court Of the
favor Of Oriental barbarism impaired
thereto by men OF the stamp of Potemkin
and of her other unsayOTy favorites
Nearly every parsonage of mark in the
worlds literature, art, science, law, and
statecraft has given utterance to express
sions of opinion about the matter, and in
France Victor Hugo, Lamartine. Beran-
ger. and ST. Augustin have been among
the most conspicuous champions OF the
abandonment Of all penalties consisting
of the taking of the life Of human beings.
Even Robespierre, who is on record as
having consigned more men and women
to the scadold than any tyrant Of modern
times. and whose name will be forever
associated in popular eXecTation with that
OF the guiIlotine, professed himself
strongly opposed to executions For the
benefit OF those who may hesitate to ac-
cord credence 10 this extraordinary asser-
ton, I may cite the following extract
from one of his speeches in the conven-
tion in Paris;
When an enemy attempts my life, and
I can only oppose my own individual
strength to his, and am confronted by
tie alternative Of either being killed my
self or OF killing him, then the law OF
natural defense justifes ne in taking his
life. But when the strength Of all is
united against single person, and when
there is no question Of self-defense, what
principle OF justice is there that can fur
nish a pretext for putting him 10 death?
What necessities are there TO serve in the
matter? A conGueT0r who puts captive
enemies to death is a barbarian A man
who slays youth whom he could easily
disarm and punish if attacked or offended
is a monster. A convicted prisoner is, in
the eyes of the community. nothing else
than a defeated and altogether pOwerless
enemy. He is more feeble with regard to
society than child in the presence Of a
grown man. These sentences, therefore,
executed in the name of truth and Of jus
tice. with so much ofHciaI ceremonial, are
nothing more nor less than cOwardly
murders and crimes. perPtrated, not by
individuals. but by entire nations, with
4 hypocritieaI pretense OF legal FORM
Fine words these, and worthy Of a
statesman Of the most humane and en-
Hghtened principlcsi It Is only pity that
Rebespierre should have failed 10 put
them into practice Indeed, falling from
MS lips, they sound almost like a satanic
satire. Yet they are in keeping with one
Of the earliest laws enacted by the rev
0lutionary government, of which ne was
SO conspicuous q member. and which runs
as follows "Frcm this day the penalty
Cf death shall be abolished in the French
republic This decree, however. r=-
maiued without application" and a sub
seeuent statute, bearing the date of Sth
Nivcse Of the year y, declared that the
penalty Of GCath should be maintained.
Greece was the first Of the civilized na-
t,cns of Europe to not merely adopt but
also apply, the principles enunciated by
Eobespierro. and to follow the example
Of Catherine the Great of Russia in de
c-ce.ng the abolition Of capital punish
uclt In lS52: that is to say. before the
election Of King George 10 the Hellenic
throne. RO8mania followed suit in Oc-
tober 1861, Portugal in July 1S5: the
Netherlands in September, 1870; italy in
June. 1850. Brazil, Venezuela, and other
South American republics, as well as that
cf San Narino, and the majority Of the
cantons Of Switzerland, in 1903; and Nor
way in 1904 In the latest instance, how
ever, an exception is made. not in favor.
but at the expense. of the ministers OF
state. who are alone liable 20 the penalty
OF death. This discrimination against
them seems ut first sight extraordinary.
Yet. on reflection, it is only natural that
an exception should be made where they
are concerned For, whereas ordinary
crimes and feionies for which the death
penalty IS usually inflicted in other cOUn-
tries are peTpetTated against one, or at
the most a few citizens, it is possible for
cabinet ministers TO commit offenses
against the state which, by embroiling
the nation in war, may entail the death
Of thousands, the loss of territory. and all
the horrors of foreign invasion It is
rightly felt that no Imprisonment how
ever severe, would be adequate punish
meut for such a crime, especially If it
partooll of the nature of betrayal and Of
treason. and il Is for this reason that the
law abOlishins capital punishment In
Norway extends to every man, woman.
and child except the cabinet ministers of
the King.
word Of explanation. too. is necessary
with regard to Russia, where several hun
dreds of executions have been recorded
during the last twelve months. despite the
presence on the statute book of Empress
GATHERINGS law doing away with the pen
atty of death. It's abolition is merely con-
fined TO ordinary criminal procedure, and
that is why nihilsts and revolutionists,
especially those concerned in murderous
outrages. are usually tried by court-mar-
tial. the death penalty having been re-
tanned, as in all the other countries above
mentioned, both in the army and navy
There is no difficulty about this, as for
several decades the greater portion of /
Russia has been subjected to what is
known as ''the minor state of siege /
which admits Of the application Of mill /
tary law to political offenses-
1t is popularly believed that the death |
penalty has been abolished in Belgium. ]
This IS not the case, however. 1t stiH fig
uTes on the statute book of the Belgian /
kingdom; but King Leopold since his ac- /
cession to the throne, over forty years
ago, has. in Difference TO deathbed en- /
treaty of his mother, invariably declined 1
to put his signature to a warrant for the \
execution of condemned prisoners, and in /
Of this they cannot be put TO /
death. In fact, no criminal has been sub /
jected 10 capital punishment during his /
reign; that is to say, in Belgium. With re- /
gard to the Congo Free State, that, unfor- 1
tunately, is another matter
Among the civilized nations. which still
retain the death penalty, are Great Brit 1