CAPITAL PUNISHMENT

I WILL take for the subject of this letter, the effect of Capital

Punishment on the commission of crime, or rather of murder; the only

crime with one exception (and that a rare one) to which it is now

applied. Its effect in preventing crime, I will reserve for another

letter: and a few of the more striking illustrations of each aspect of

the subject, for a concluding one.

The effect of Capital Punishment on the commission of Murder.

Some murders are committed in hot blood and furious rage; some, in

deliberate revenge; some, in terrible despair; some (but not many) for

mere gain; some, for the removal of an object dangerous to the murderer’s

peace or good name; some, to win a monstrous notoriety.

On murders committed in rage, in the despair of strong affection (as when

a starving child is murdered by its parent) or for gain, I believe the

punishment of death to have no effect in the least. In the two first

cases, the impulse is a blind and wild one, infinitely beyond the reach

of any reference to the punishment. In the last, there is little

calculation beyond the absorbing greed of the money to be got.

Courvoisier, for example, might have robbed his master with greater

safety, and with fewer chances of detection, if he had not murdered him.

But, his calculations going to the gain and not to the loss, he had no

balance for the consequences of what he did. So, it would have been more

safe and prudent in the woman who was hanged a few weeks since, for the

murder in Westminster, to have simply robbed her old companion in an

unguarded moment, as in her sleep. But, her calculation going to the

gain of what she took to be a Bank note; and the poor old woman living

between her and the gain; she murdered her.

On murders committed in deliberate revenge, or to remove a stumbling

block in the murderer’s path, or in an insatiate craving for notoriety,

is there reason to suppose that the punishment of death has the direct

effect of an incentive and an impulse?

A murder is committed in deliberate revenge. The murderer is at no

trouble to prepare his train of circumstances, takes little or no pains

to escape, is quite cool and collected, perfectly content to deliver

himself up to the Police, makes no secret of his guilt, but boldly says,

“I killed him. I’m glad of it. I meant to do it. I am ready to die.”

There was such a case the other day. There was such another case not

long ago. There are such cases frequently. It is the commonest first

exclamation on being seized. Now, what is this but a false arguing of

the question, announcing a foregone conclusion, expressly leading to the

crime, and inseparably arising out of the Punishment of Death? “I took

his life. I give up mine to pay for it. Life for life; blood for blood.

I have done the crime. I am ready with the atonement. I know all about

it; it’s a fair bargain between me and the law. Here am I to execute my

part of it; and what more is to be said or done?” It is the very essence

of the maintenance of this punishment for murder, that it _does_ set life

against life. It is in the essence of a stupid, weak, or otherwise

ill-regulated mind (of such a murderer’s mind, in short), to recognise in

this set off, a something that diminishes the base and coward character

of murder. “In a pitched battle, I, a common man, may kill my adversary,

but he may kill me. In a duel, a gentleman may shoot his opponent

through the head, but the opponent may shoot him too, and this makes it

fair. Very well. I take this man’s life for a reason I have, or choose

to think I have, and the law takes mine. The law says, and the clergyman

says, there must be blood for blood and life for life. Here it is. I

pay the penalty.”

A mind incapable, or confounded in its perceptions—and you must argue

with reference to such a mind, or you could not have such a murder—may

not only establish on these grounds an idea of strict justice and fair

reparation, but a stubborn and dogged fortitude and foresight that

satisfy it hugely. Whether the fact be really so, or not, is a question

I would be content to rest, alone, on the number of cases of revengeful

murder in which this is well known, without dispute, to have been the

prevailing demeanour of the criminal: and in which such speeches and such

absurd reasoning have been constantly uppermost with him. “Blood for

blood”, and “life for life”, and such like balanced jingles, have passed

current in people’s mouths, from legislators downwards, until they have

been corrupted into “tit for tat”, and acted on.

Next, come the murders done, to sweep out of the way a dreaded or

detested object. At the bottom of this class of crimes, there is a slow,

corroding, growing hate. Violent quarrels are commonly found to have

taken place between the murdered person and the murderer: usually of

opposite sexes. There are witnesses to old scenes of reproach and

recrimination, in which they were the actors; and the murderer has been

heard to say, in this or that coarse phrase, “that he wouldn’t mind

killing her, though he should be hanged for it”—in these cases, the

commonest avowal.

It seems to me, that in this well-known scrap of evidence, there is a

deeper meaning than is usually attached to it. I do not know, but it may

be—I have a strong suspicion that it is—a clue to the slow growth of the

crime, and its gradual development in the mind. More than this; a clue

to the mental connection of the deed, with the punishment to which the

doer of that deed is liable, until the two, conjoined, give birth to

monstrous and misshapen Murder.

The idea of murder, in such a case, like that of self-destruction in the

great majority of instances, is not a new one. It may have presented

itself to the disturbed mind in a dim shape and afar off; but it has been

there. After a quarrel, or with some strong sense upon him of irritation

or discomfort arising out of the continuance of this life in his path,

the man has brooded over the unformed desire to take it. “Though he

should be hanged for it.” With the entrance of the Punishment into his

thoughts, the shadow of the fatal beam begins to attend—not on himself,

but on the object of his hate. At every new temptation, it is there,

stronger and blacker yet, trying to terrify him. When she defies or

threatens him, the scaffold seems to be her strength and “vantage

ground”. Let her not be too sure of that; “though he should be hanged

for it”.

Thus, he begins to raise up, in the contemplation of this death by

hanging, a new and violent enemy to brave. The prospect of a slow and

solitary expiation would have no congeniality with his wicked thoughts,

but this throttling and strangling has. There is always before him, an

ugly, bloody, scarecrow phantom, that champions her, as it were, and yet

shows him, in a ghastly way, the example of murder. Is she very weak, or

very trustful in him, or infirm, or old? It gives a hideous courage to

what would be mere slaughter otherwise; for there it is, a presence

always about her, darkly menacing him with that penalty whose murky

secret has a fascination for all secret and unwholesome thoughts. And

when he struggles with his victim at the last, “though he should be

hanged for it”, it is a merciless wrestle, not with one weak life only,

but with that ever-haunting, ever-beckoning shadow of the gallows, too;

and with a fierce defiance to it, after their long survey of each other,

to come on and do its worst.

Present this black idea of violence to a bad mind contemplating violence;

hold up before a man remotely compassing the death of another person, the

spectacle of his own ghastly and untimely death by man’s hands; and out

of the depths of his own nature you shall assuredly raise up that which

lures and tempts him on. The laws which regulate those mysteries have

not been studied or cared for, by the maintainers of this law; but they

are paramount and will always assert their power.

Out of one hundred and sixty-seven persons under sentence of Death in

England, questioned at different times, in the course of years, by an

English clergyman in the performance of his duty, there were only three

who had not been spectators of executions.

We come, now, to the consideration of those murders which are committed,

or attempted, with no other object than the attainment of an infamous

notoriety. That this class of crimes has its origin in the Punishment of

Death, we cannot question; because (as we have already seen, and shall

presently establish by another proof) great notoriety and interest

attach, and are generally understood to attach, only to those criminals

who are in danger of being executed.

One of the most remarkable instances of murder originating in mad

self-conceit; and of the murderer’s part in the repulsive drama, in which

the law appears at such great disadvantage to itself and to society,

being acted almost to the last with a self-complacency that would be

horribly ludicrous if it were not utterly revolting; is presented in the

case of Hocker.

Here is an insolent, flippant, dissolute youth: aping the man of intrigue

and levity: over-dressed, over-confident, inordinately vain of his

personal appearance: distinguished as to his hair, cane, snuff-box, and

singing-voice: and unhappily the son of a working shoemaker. Bent on

loftier flights than such a poor house-swallow as a teacher in a

Sunday-school can take; and having no truth, industry, perseverance, or

other dull work-a-day quality, to plume his wings withal; he casts about

him, in his jaunty way, for some mode of distinguishing himself—some

means of getting that head of hair into the print-shops; of having

something like justice done to his singing-voice and fine intellect; of

making the life and adventures of Thomas Hocker remarkable; and of

getting up some excitement in connection with that slighted piece of

biography. The Stage? No. Not feasible. There has always been a

conspiracy against the Thomas Hockers, in that kind of effort. It has

been the same with Authorship in prose and poetry. Is there nothing

else? A Murder, now, would make a noise in the papers! There is the

gallows to be sure; but without that, it would be nothing. Short of

that, it wouldn’t be fame. Well! We must all die at one time or other;

and to die game, and have it in print, is just the thing for a man of

spirit. They always die game at the Minor Theatres and the Saloons, and

the people like it very much. Thurtell, too, died very game, and made a

capital speech when he was tried. There’s all about it in a book at the

cigar-shop now. Come, Tom, get your name up! Let it be a dashing murder

that shall keep the wood-engravers at it for the next two months. You

are the boy to go through with it, and interest the town!

The miserable wretch, inflated by this lunatic conceit, arranges his

whole plan for publication and effect. It is quite an epitome of his

experience of the domestic melodrama or penny novel. There is the Victim

Friend; the mysterious letter of the injured Female to the Victim Friend;

the romantic spot for the Death-Struggle by night; the unexpected

appearance of Thomas Hocker to the Policeman; the parlour of the Public

House, with Thomas Hocker reading the paper to a strange gentleman; the

Family Apartment, with a song by Thomas Hocker; the Inquest Room, with

Thomas Hocker boldly looking on; the interior of the Marylebone Theatre,

with Thomas Hocker taken into custody; the Police Office with Thomas

Hocker “affable” to the spectators; the interior of Newgate, with Thomas

Hocker preparing his defence; the Court, where Thomas Hocker, with his

dancing-master airs, is put upon his trial, and complimented by the

Judge; the Prosecution, the Defence, the Verdict, the Black Cap, the

Sentence—each of them a line in any Playbill, and how bold a line in

Thomas Hocker’s life!

It is worthy of remark, that the nearer he approaches to the gallows—the

great last scene to which the whole of these effects have been working

up—the more the overweening conceit of the poor wretch shows itself; the

more he feels that he is the hero of the hour; the more audaciously and

recklessly he lies, in supporting the character. In public—at the

condemned sermon—he deports himself as becomes the man whose autographs

are precious, whose portraits are innumerable; in memory of whom, whole

fences and gates have been borne away, in splinters, from the scene of

murder. He knows that the eyes of Europe are upon him; but he is not

proud—only graceful. He bows, like the first gentleman in Europe, to the

turnkey who brings him a glass of water; and composes his clothes and

hassock as carefully, as good Madame Blaize could do. In private—within

the walls of the condemned cell—every word and action of his waning life,

is a lie. His whole time is divided between telling lies and writing

them. If he ever have another thought, it is for his genteel appearance

on the scaffold; as when he begs the barber “not to cut his hair too

short, or they won’t know him when he comes out”. His last proceeding

but one is to write two romantic love letters to women who have no

existence. His last proceeding of all (but less characteristic, though

the only true one) is to swoon away, miserably, in the arms of the

attendants, and be hanged up like a craven dog.

Is not such a history, from first to last, a most revolting and

disgraceful one; and can the student of it bring himself to believe that

it ever could have place in any record of facts, or that the miserable

chief-actor in it could have ever had a motive for his arrogant

wickedness, but for the comment and the explanation which the Punishment

of Death supplies!

It is not a solitary case, nor is it a prodigy, but a mere specimen of a

class. The case of Oxford, who fired at Her Majesty in the Park, will be

found, on examination, to resemble it very nearly, in the essential

feature. There is no proved pretence whatever for regarding him as mad;

other than that he was like this malefactor, brimful of conceit, and a

desire to become, even at the cost of the gallows (the only cost within

his reach) the talk of the town. He had less invention than Hocker, and

perhaps was not so deliberately bad; but his attempt was a branch of the

same tree, and it has its root in the ground where the scaffold is

erected.

Oxford had his imitators. Let it never be forgotten in the consideration

of this part of the subject, how they were stopped. So long as attempts

invested them with the distinction of being in danger of death at the

hangman’s hands, so long did they spring up. When the penalty of death

was removed, and a mean and humiliating punishment substituted in its

place, the race was at an end, and ceased to be.

Miscellaneous Papers · 第 6 / 13 题