[Footnote 186: This has been previously pointed out by Prof. Durkheim, in his interesting essay, 'Deux lois de l'évolution pénale' (_L'année sociologique_, iv. [1899-1900], p. 64 _sqq._), with which I became acquainted only when the present chapter was already in type. Montesquieu observes (_De l'esprit des lois_, vi. 9 [_[OE]uvres_, p. 231]), "Il serait aisé de prouver que, dans tous ou presque tous les États d'Europe, les peines ont diminué ou augmenté à mesure qu'on s'est plus approché ou plus éloigné de la liberté."] {195} Various facts might be quoted in support of this explanation. Whilst the punishments practised among the lower races generally, are not conspicuous for their severity, there are exceptions to this rule among peoples who are governed by despotic rulers. Under the Ashanti code, even the most trivial offences are punishable with death.[187] In Madagascar, also, "death was formerly inflicted for almost every offence."[188] In Uganda the ordinary punishments were "death by fire, being hacked to pieces by reed splinters, fine, imprisonment in the stocks _mvuba_, or in the **slave fork _kaligo_, also mutilation. It is most common to see people deprived of an eye, or in some cases of both eyes; persons lacking their ears are also frequently met with."[189] Among the Wassukuma, whose chieftains used to have power of life and death over their subjects, a person who was guilty of disobedience to his ruler, or of some action which the ruler considered wicked and punishable, was condemned to death.[190] In the Sandwich Islands, "a chief takes the life of one of his own people for any offence he may commit, and no one thinks he has a right to interfere."[191] [Footnote 187: Ellis, _Tshi-speaking Peoples of the Gold Coast_, p. 166.] [Footnote 188: Ellis, _History of Madagascar_, i. 374.] [Footnote 189: Ashe, _Two Kings of Uganda_, p. 293. _Cf._ Wilson and Felkin, _Uganda and the Egyptian Soudan_, i. 201.] [Footnote 190: Kollmann, _Victoria Nyanza_, p. 431.] [Footnote 191: Ellis, _Tour through Hawaii_, p. 431.]