CAPITAL PUNISHMENT. The punish ment of death.
The subject of capital punishment has occupied the attention of enlightened men for a long time, particularly since the middle of the last century ; and none deserves to be more carefully investigated. The right of punishing its members by society is admitted ; but how far this right extends, by the laws of nature or of God, has been much disputed by theoretical writers, although it cannot be denied that most nations, ancient and modern, have deemed capital punishment to be within the scope of the legitimate powers of government. Beccaria con tends with zeal that the punishment of death ought not to be inflicted in time of peace, nor at other times, except in cases where the laws can be main tained in no other way. Beccaria, chap. 28. The ancient method of administering the law was by retribution or the vindication • of the law upon the offender, and in England, as late as Geo. III., there were about two hundred offences punishable by death, among which were cutting down a tree, robbing a rabbit warren, harboring an offender against the revenue acts, stealing in a dwelling house to the amount of forty shillings, or in a shop goods to the amount of five shillings, counterfeit ing the stamps that were used for the sale of per fumery, etc. Owing to the efforts of Sir Samuel
Romiliy, and later of Sir James Mackintosh, the old criminal code was succeeded by more humane leg islation, and since the statute of .1861 there are but four crimes now punishable in England by death, high treason, murder, piracy with violence, and setting fire to the king's ships, dockyards, ar senals or stores. See, also, 2 Poll. & Maitl. 450 ; CRIMES ; EXECUTION. It was abolished in Italy in 1890, and has recently been restored in France. It has been abolished in some states. It is usually by hanging; some states have adopted electrocu tion; and two states permit a choice between hang ing and shooting.
See ELECTROCUTION.