Anomalies of the English lawChester, S. Beach (Samuel Beach)
History
Anomalies of the English law
Chester, S. Beach (Samuel Beach)
Law; Law -- Great Britain -- History
The French guillotine is a cumbersome contrivance, involving the
employment of an expert manipulator, with trained assistants, and
impedimenta. In Germany, where the executioner wields an axe, there is
the possibility of an absence of precision which fails to recommend
the method. Quite a dramatic scene was witnessed at the execution of
a female poisoner in the Kaiser’s dominions the other day. The story
suggested a Sanscullotic (Carlyle is responsible for the word!) outrage
of the French Terror. No, the executioner with the axe is a poor way of
fulfilling the last rites of the law.
If the Kneller portrait of James Scott, Duke of Monmouth, painted
after execution, is faithful, the executioner was singularly adroit
with his axe. But the use of the axe depends too much on personal
dexterity in the evasion of the atrocious. As an institution it is,
therefore, to be condemned. Hanging, on the other hand, has the Lee
case as a perpetual warning against it. (It will be remembered that a
murderer named Lee would not “hang.” He ultimately had his sentence
commuted to life imprisonment, from which, as an anomaly of the law,
he emerged in good health, after serving some twenty years.) It is
elaborate, and anything elaborate, in respect of such a matter as
the death penalty, savours of anachronism. Of course, there is some
traditional or legendary nonsense about the ignominy of hanging as
opposed to execution by the axe, but humanly enforced death is as
bad in one form as in another so far as the victim goes, so that the
argument hardly impresses one with its strength. Then, too, the whole
scheme is barbarous in practice; not that the would-be murderer is more
deterred by the fear of hanging than he would be by the fear of death
from a volley of muskets, but the machinery necessary for carrying out
a death sentence by hanging is out-of-date, crude, and not compatible
with the advance of the times. By far the simplest, cheapest, most
effective, worthy means of supporting the majesty of the law in its
supreme act of retribution is by the shooting of murderers on the day
set for execution. Half a dozen soldiers, drafted from the nearest
barracks, could be ordered to fire a volley at the condemned man in
the prison yard, or in any other place convenient to the authorities.
The inclusion of soldiers need not necessarily be a stumbling-block.
Armed prison warders, with some substantial idea of the uses of a gun,
would fulfil the same purpose. Death, to the condemned man, would be
just as humane in the abruptness of its arrival as the “six foot drop”
(or whatever prison parlance and the height of the victim make it). The
only good thing about hanging is its comparative cleanliness. That is
to say, there is not a deluge of blood from the person hanged, as there
is in the case of one decapitated. That is all very well, but death
from a volley of muskets does not produce the effects associated with a
slaughter-house, either.
Public-domain text, read in full here on John Shaqi.
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