in Italy, in Belgium, in Sweden, in England, there has been one result. In Bombay, during the Recordership of Sir James Macintosh, there were fewer crimes in seven years without one execution, than in the preceding seven years with forty-seven executions; notwithstanding that in the seven years without capital punishment, the population had greatly increased, and there had been a large accession to the numbers of the ignorant and licentious soldiery, with whom the more violent offences originated. During the four wickedest years of the Bank of England (from 1814 to 1817, inclusive), when the one-pound note capital prosecutions were most numerous and shocking, the number of forged one-pound notes discovered by the Bank steadily increased, from the gross amount in the first year of 10,342 pounds , to the gross amount in the last of 28,412 pounds . But in every branch of this part of the subject— the inefficiency of capital punishment to prevent crime, and its efficiency to produce it—the body of evidence (if there were space to quote or analyse it here) is overpowering and resistless.
I have purposely deferred until now any reference to one objection which is urged against the abolition of capital punishment: I mean that objection which claims to rest on Scriptural authority.
It was excellently well said by Lord Melbourne, that no class of persons can be shown to be very miserable and oppressed, but some supporters of things as they are will immediately rise up and assert—not that those persons are moderately well to do, or that their lot in life has a reasonably bright side—but that they are, of all sorts and conditions of men, the happiest. In like manner, when a certain proceeding or institution is shown to be very wrong indeed, there is a class of people who rush to the fountainhead at once, and will have no less an authority for it than the Bible, on any terms.
So, we have the Bible appealed to in behalf of Capital Punishment. So, we have the Bible produced as a distinct authority for Slavery. So, American representatives find the title of their country to the Oregon territory distinctly laid down in the Book of Genesis. So, in course of time, we shall find Repudiation, perhaps, expressly commanded in the Sacred Writings.
It is enough for me to be satisfied, on calm inquiry and with reason, that an Institution or Custom is wrong and bad; and thence to feel assured that IT CANNOT BE a part of the law laid down by the Divinity who walked the earth. Though every other man who wields a pen should turn himself into a commentator on the Scriptures—not all their united efforts, pursued through our united lives, could ever persuade me that Slavery is a Christian law; nor, with one of these objections to an execution in my certain knowledge, that Executions are a Christian law, my will is not concerned. I could not, in my veneration for the life and lessons of Our Lord, believe it. If any text appeared to justify the claim, I would reject that limited appeal, and rest upon the character of the Redeemer, and the great scheme of His Religion, where, in its broad spirit, made so plain—and not this or that disputed letter—we all put our trust. But, happily, such doubts do not exist. The case is far too plain. The Rev. Henry Christmas, in a recent pamphlet on this subject, shows clearly that in five important versions of the Old Testament (to say nothing of versions of less note) the words, 'by man', in the often-quoted text, 'Whoso sheddeth man's blood, by man shall his blood be shed', do not appear at all. We know that the law of Moses was delivered to certain wandering tribes in a peculiar and perfectly different social condition from that which prevails among us at this time. We know that the Christian Dispensation did distinctly repeal and annul certain portions of that law. We know that the doctrine of retributive justice or vengeance, was plainly disavowed by the Saviour. We know that on the only occasion of an offender, liable by the law to death, being brought before Him for His judgment, it was not death. We know that He said, 'Thou shalt not kill'. And if we are still to inflict capital punishment because of the Mosaic law (under which it was not the consequence of a legal proceeding, but an act of vengeance from the next of kin, which would surely be discouraged by our later laws if it were revived among the Jews just now) it would be equally reasonable to establish the lawfulness of a plurality of wives on the same authority.
Here I will leave this aspect of the question. I should not have treated of it at all in the columns of a newspaper, but for the possibility of being unjustly supposed to have given it no consideration in my own mind.
In bringing to a close these letters on a subject, in connection with which there is happily very little that is new to be said or written, I beg to be understood as advocating the total abolition of the Punishment of Death, as a general principle, for the advantage of society, for the prevention of crime, and without the least reference to, or tenderness for any individual malefactor whomsoever. Indeed, in most cases of murder, my feeling towards the culprit is very strongly and violently the reverse. I am the more desirous to be so understood, after reading a speech made by Mr. Macaulay in the House of Commons last Tuesday night, in which that accomplished gentleman hardly seemed to recognise the possibility of anybody entertaining an honest conviction of the inutility and bad effects of Capital Punishment in the abstract, founded on inquiry and reflection, without being the victim of 'a kind of effeminate feeling'. Without staying to inquire what there may be that is especially manly and heroic in the advocacy of the gallows, or to express my admiration of Mr. Calcraft, the hangman, as doubtless one of the most manly specimens now in existence, I would simply hint a doubt, in all good humour, whether this be the true Macaulay way of meeting a great question? One of the instances of effeminacy of feeling quoted by Mr. Macaulay, I have reason to think was not quite fairly stated. I allude to the petition in Tawell's case. I had neither hand nor part in it myself; but, unless I am greatly mistaken, it did pretty clearly set forth that Tawell was a most abhorred villain, and that the House might conclude how strongly the petitioners were opposed to the Punishment of Death, when they prayed for its non-infliction even in such a case.
PAPER IV
The Spirit of Chivalry in Westminster Hall
Of all the cants that are canted in this canting world,' wrote Sterne, 'kind Heaven defend me from the cant of Art!' We have no intention of tapping our little cask of cant, soured by the thunder of great men's fame, for the refreshment of our readers: its freest draught would be unreasonably dear at a shilling, when the same small liquor may be had for nothing, at innumerable ready pipes and conduits.
But it is a main part of the design of this Magazine to sympathise with what is truly great and good; to scout the miserable discouragements that beset, especially in England, the upward path of men of high desert; and gladly to give honour where it is due, in right of Something achieved, tending to elevate the tastes and thoughts of all who contemplate it, and prove a lasting credit to the country of its birth.
Upon the walls of Westminster Hall, there hangs, at this time, such a Something. A composition of such marvellous beauty, of such infinite variety, of such masterly design, of such vigorous and skilful drawing, of such thought and fancy, of such surprising and delicate accuracy of detail, subserving one grand harmony, and one plain purpose, that it may be questioned whether the Fine Arts in any period of their history have known a more remarkable performance.
It is the cartoon of Daniel Maclise, 'executed by order of the Commissioners', and called The Spirit of Chivalry. It may be left an open question, whether or no this allegorical order on the part of the Commissioners, displays any uncommon felicity of idea. We rather think not; and are free to confess that we should like to have seen the Commissioners' notion of the Spirit of Chivalry stated by themselves, in the first instance, on a sheet of foolscap, as the ground-plan of a model cartoon, with all the commissioned proportions of height and breadth. That the treatment of such an abstraction, for the purposes of Art, involves great and peculiar difficulties, no one who considers the subject for a moment can doubt. That nothing is easier to render it absurd and monstrous, is a position as little capable of dispute by anybody who has beheld another cartoon on the same subject in the same Hall, representing a Ghoule in a state of raving madness, dancing on a Body in a very high wind, to the great astonishment of John the Baptist's head, which is looking on from a corner.
Mr. Maclise's handling of the subject has by this time sunk into the hearts of thousands upon thousands of people. It is familiar knowledge among all classes and conditions of men. It is the great feature within the Hall, and the constant topic of discourse elsewhere. It has awakened in the great body of society a new interest in, and a new perception and a new love of, Art. Students of Art have sat before it, hour by hour, perusing in its many forms of Beauty, lessons to delight the world, and raise themselves, its future teachers, in its better estimation. Eyes well accustomed to the glories of the Vatican, the galleries of Florence, all the mightiest works of art in Europe, have grown dim before it with the strong emotions it inspires; ignorant, unlettered, drudging men, mere hewers and drawers, have gathered in a knot about it (as at our back a week ago), and read it, in their homely language, as it
