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Law Lordsopposed it。 

     The   same   Lord   Tenterden   manfully   said�察  �on   another   occasion          and 

another   question�察  �that   he   was   glad   the   subject   of   the   amendment   of   the 

laws had been taken up by Mr。 Peel�察 �who had not been bred to the law�察�

for those who were�察�were rendered dull�察�by habit�察�to many of its defects� ─�

I would respectfully submit�察�in extension of this text�察�that a criminal judge 

is an excellent witness against the Punishment of Death�察�but a bad witness 

in its favour�察�and I will reserve this point for a few remarks in the next�察�

concluding�察�Letter。 


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                                                III 



       The   last   English   Judge�察  �I   believe�察  �who   gave   expression   to   a   public 

and judicial opinion in favour of the punishment of Death�察�is Mr。 Justice 

Coleridge�察  �who�察  �in   charging   the   Grand   Jury   at   Hertford   last   year�察  �took 

occasion to lament the presence of serious crimes in the calendar�察�and to 

say that he feared that they were referable to the comparative infrequency 

of Capital Punishment。 

     It   is   not   incompatible   with   the   utmost   deference   and   respect   for   an 

authority   so   eminent�察  �to   say   that�察  �in   this�察  �Mr。   Justice   Coleridge   was   not 

supported   by   facts�察  �but   quite   the   reverse。     He   went   out   of   his   way   to 

found   a   general   assumption   on   certain   very  limited   and   partial   grounds�察�

and even on those grounds was wrong。                 For among the few crimes which 

he instanced�察�murder stood prominently forth。                 Now persons found guilty 

of murder are more certainly and unsparingly hanged at this time�察�as the 

Parliamentary   Returns   demonstrate�察  �than   such   criminals   ever   were。             So 

how can the decline of public executions affect that class of crimes�拭                      �As 

to persons committing murder�察�and yet not found guilty of it by juries�察�they 

escape solely because there are many public executionsnot because there 

are none or few。 

     But when I submit that a criminal judge is an excellent witness against 

Capital Punishment�察�but a bad witness in its favour�察�I do so on more broad 

and   general   grounds   than   apply  to   this   error   in   fact   and   deduction   ��so   I 

presume to consider it�� on the part of the distinguished judge in question。 

And they are grounds which do not apply offensively to judges�察�as a class�察�

than   whom   there   are   no   authorities   in   England   so   deserving   of   general 

respect and confidence�察�or so possessed of it�察�but which apply alike to all 

men in their several degrees and pursuits。 

     It is certain that men contract a general liking for those things which 

they have studied at great cost of time and intellect�察�and their proficiency 

in   which   has   led   to   their   becoming   distinguished   and   successful。        It   is 

certain   that   out   of   this   feeling   arises�察  �not   only   that   passive   blindness   to 


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their   defects   of   which   the   example   given   by   my   Lord   Tenterden   was 

quoted in the last letter�察�but an active disposition to advocate and defend 

them。     If   it   were   otherwise�察  �if   it   were   not   for   this   spirit   of   interest   and 

partisanship�察  �no   single   pursuit   could   have   that   attraction   for   its   votaries 

which   most   pursuits in   course of time  establish。           Thus   legal   authorities 

are    usually    jealous    of   innovations     on   legal   principles。      Thus     it  is 

described of the lawyer in the Introductory Discourse to the Description of 

Utopia�察�that he said of a proposal against Capital Punishment�察 �'this could 

never be so established in England but that it must needs bring the weal´ 

public   into   great   jeopardy   and   hazard'�察  �and   as   he   was   thus   saying�察  �he 

shaked his head�察�and made a wry mouth�察�and so he held his peace;。                       Thus 

the Recorder of London�察�in 1811�察�objected to ;the capital part being taken 

off; from the offence of picking pockets。               Thus the Lord Chancellor�察�in 

1813�察�objected to the removal of the penalty of death from the offence of 

stealing     to  the   amount      of   five   shillings   from    a   shop。    Thus�察   �Lord 

Ellenborough�察�in 1820�察�anticipated the worst effects from there being no 

punishment of death for stealing five shillings worth of wet linen from a 

bleaching   ground。        Thus   the   Solicitor   General�察  �in   1830�察  �advocated   the 

punishment of death for forgery�察�and ;the satisfaction of thinking; in the 

teeth of mountains of evidence from bankers and other injured parties ��one 

thousand      bankers     alone�。�    ;that   he    was    deterring    persons     from    the 

commission   of   crime�察  �by   the   severity   of   the   law;。      Thus�察  �Mr。   Justice 

Coleridge delivered his charge at Hertford in 1845。                  Thus there were in 

the   criminal   code   of   England�察  �in   1790�察  �one   hundred   and   sixty   crimes 

punishable with death。          Thus the lawyer has said�察�again and again�察�in his 

generation�察�that any change in such a state of things ;must needs bring the 

weal´public into jeopardy and hazard;。               And thus he has�察�all through the 

dismal   history�察   �shaked   his   head�察  �and   made   a   wry   mouth�察  �and   held   his 

peace;。     Excepta      glorious    exception��when        such   lawyers     as  Bacon�察�

More�察�Blackstone�察�Romilly�察�andlet us ever gratefully rememberin later 

times Mr。 Basil Montagu�察�have striven�察�each in his day�察�within the utmost 

limits    of  the   endurance     of  the   mistaken     feeling   of  the   people    or  the 

legislature of the time�察�to champion and maintain the truth。 


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     There is another and a stronger reason still�察�why a criminal judge is a 

bad witness in favour of the punishment of Death。                    He is a chief actor in 

the terrible drama of a trial�察�where the life or death of a fellow creature is 

at issue。     No one who has seen such a trial can fail to know�察�or can ever 

forget�察�its   intense interest。       I   care not how  painful   this interest is   to the 

good�察  �wise   judge   upon   the   bench。        I   admit   its   painful   nature�察  �and   the 

judge's   goodness   and   wisdom  to   the   fullest   extentbut   I  submit   that   his 

prominent share in the excitement of such a trial�察�and the dread mystery 

involved�察  �has   a   tendency   to   bewilder   and   confuse   the   judge   upon   the 

general   subject   of      that   penalty。   I   know   the    solemn     pause   before     the 

verdict�察�the
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