The Press. — 1856-08-23 (London, England)

CRUM. I years ending 1838. 5 years ending 1811. Sacrilege Robbery Arson  2,288 1,804 This shows an aggregate decrease in favour of the abolition of no less than 548 committals ; and that, too, in the face of the well-known fact that the amount of unprosecuted offences, when the law was capital, passed all coinpntatton.  Criminal statistics supply us with another test. By taking the committals for different kinds of crimes during the six years ending 1854, it is found that while those crimes for which the penalty of death was abolished had declined, that crime, murder, for which the penalty of death remained, had increased :  Committals. Burglary: 3 years ending.. 1851 • • 1'785 decrease, 404 3 years ending.. :854 .. 1.381 House- I 3 years endin.. 1851 .. 1.941 decrease, 286 breakg:l 3 years ending.. 1851 .. 1,655 Forgery: 3 years ending.. :831 526 decrease, 13 „ 3 years ending.. 1854 .. 513  Total deo. 7J3 Murder: 3 years ending.. 1551 .. 210 1 increase, 12 „ 3 years ending.. 1854 .. 2:24 Thus we have an aggregate reduction of 703 committals on the non-capital crimes, and an increase of twelve committals on the capital crime. Taking periods of seven years, we find that the number of murders has steadily increased :  No. of committals for murder. 7 years ending 1840 T years ending 1847 4 )8 7 years ending 1854 5OB This evidence does not positively prove that other punishment than the punishment of death would be quite as effectual as that to deter from the crime of murder. But it does supply the strongest analogical evidence in favour of such conclusion that the mind can well conceive.  The only demonstrative evidence we can have must be derived from actual experience of the number of murders in the same conn try under systems of capital and of non-capital punishment. Of this positive evidence the amount is scanty, yet as far as it goes conclusive :  The account given by Sir James Macintosh of the experiment he tried in Bombay is well known, and equally satis• factory. In Belgium. too, there WAR, during the thirty-five years ending 1N:44, a di,ponitinu on the part of the Executive to administer the law with clemency. In a pretty regular gradation capital punishments and murders decreased,  SATURDAY,  until during the last five years no executions took place and during this period there were but twenty murders In 18:15, however, the Government returned to the practice of executing murderers. During the next five years there were tour executions, but murders rose from twenty to thirtyoue or fifty-five per cent. More recent and equally satisfactory evidence has been obtained from the United States.  From a speech made by J. A. Andrew, Esq , an eminent barrister, before a committee of the Massaehusett's Legislature, we learn that "in Alabama the punishment of death was abolished some years ago. Its re-establishment is not called for, and therefore the expe►iment may be assumed to work well. In the State of Michigan, too, the experiment has succeeded. The Secretary-of State for Michigan remarks, 'the effect, we think, is salutary. It has product d a greater certainty of conviction, and consequently of relief to the community, besides lessening the number of aggravated offences.' At tho time of the passing of the law abolishing capital punishment in Rhode Island, there were pending before the Court of Providence County not less than six indictments for murder. Since its passing there has not beets more than one indictment for murder in this State, though some years have elapsed. In the State of Maine no execution has taken place for twenty years, nor is its infliction ever likely to be permitted."  One very important branch of the argument remains. The most eminent legists agree, that to deter from crime the character of the punishment is of less importance than its certainty Thus, l3eccaria, in the words of Mr. Mayhew,— . .  Proved that mild and certain punishments not only tend to increase the popular respect for the law, hut are likewise far more effectual as deterrents than enactments of an opposite character.  Perhaps the strongest argument against the death-penalty is, that it wants, and must want, this element of certainty, through the reluctance of juries to convict of capital crime where either there is the faintest possibility of innocence, or where their pity is strongly moved towards the criminal. The opinions of several eminent living judges on this point are decisive :