This new volume in the "Debaters' Handbook Series" is
uniform with its predecessors, and like them, offers as the
chief reason for compilation the manifest need among debaters
for material on the subject under treatment, and _the general
lack of duplicate library copies of publications in which ma-
terial may be found. The best articles on the subject have
been collected and reprinted entire or in part, the aim being
to furnish the best available material on both sides of the
question without unnecessary repetition. "Resolved that capital
punishment should be abolished" is the adopted form of statement
for the question ; so it will be apparent that the affirmative refer-
ences give arguments against and the negative references, argu-
ments in favor of capital punishment.
General Works I
Palm, Andrew J. Capital Punishment
American Journal of Politics 9
Wiley, Rev 7 . Charles, D. D. Retributive Law and Capital
Punishment American Presbyterian Review 10
Garner, James W. Crime and Judicial Inefficiency
Annals of the American Academy 10
Barrows, Samuel J. Legislative Tendencies as to Capital
Punishment Annals of the American Academy 12
Cutler, J. E. Capital Punishment and Lynching
Annals of the American Academy 17
Shipley, Maynard. Homicide and the Death Penalty in
Mexico Annals of the American Academy 22
Shrady, George. Death Penalty Arena 28
Ferguson, John. Death Penalty Canadian Magazine 39
Capital Punishment Denounced Charities 39
Neuman, B. Paul. Case against Capital Punishment
Fortnightly Review 42
Galbreath, Charles Burleigh. Shall the State Kill?
Friends' Intelligencer 56
Buckley, J. M. Death Penalty Forum 73.
Stillman, James W. Abolish the Death Penalty
Green Bag 84
Mosby, Thomas Speed. Does Capital Punishment Tend to
Diminish Capital Crime ? ............... Harper's Weekly 84
'VlSpitzka, Charles. Should Capital Punishment Be Abol-
ished? ....... . ......................... Harper's Weekly 86
Roberts, W. J. Abolition of Capital Punishment ..........
. . . ...................... International Journal of Ethics 8^
^j Heath, Carl. Reform and the Death Penalty ..............
......................... International Journal of Ethics 91
Heath, Carl. Treatment of Homicidal Crimes .......... , .
................. ' ........ International Journal of Ethics 92
McClure, S. S. Increase of Lawlessness in the United
States ........................................ McClure 93
<J, Maude, W. C. Shall We Abolish the Death Penalty for
Murder ? ........................................ Month 97-
W/Substitute for Hanging. * ................ , ........... Nation 100***'*
',' Lilly, W. S. In Praise of Hanging ............ New Review 101 <^
Cheever, George B., Hand, Samuel and Phillips, Wendell.
Death Penalty .................. North American Review 103 x,.
Adelman, Abram E. Capital Punishment/ ........... Public 131
Gallows in America .................... Putnam s Magazine 134
McGilvary, E. B. Is Capital Punishment Justified ? ........
} ............ . ........................ Review^ of Reviews 34
'"Does Capital Punishment Prevent Convictions 3 . J^-i ........
..................................... Review of Reviews 136
Vicars, G. Rayleigh. Ought Capital Punishment to be Abol-
ished ? ............................ Westminster Review 137
Hopkins, T. M. Capital Punishment : Ineffectual and Mis-
chievous .......................... Westminster Review 144
Hort, G. M. Emotion as a Law-Maker : a Sociological Sug-
gestion ........................... Westminster Review 144
Heath. Carl. Homicidal Crime and the Death Penalty
Abroad ..... ....................... Westminster Review 146
Ingram, Advocate C. J. Shall We Abolish the Death Pen-
alty? .............................. Westminster Review 1 96
Heatii, Carl. Modern Penology and the Punishment of
Death . ............. Westminster Review 166-
SELECTED ARTICLES ON
A star (*) preceding a reference indicates that the entire article or a part of
it has been reprinted in this volume.
Brookings, W. DuBois and Ringwalt, Ralph Curtis. Briefs for
Debate, pp. 57-9.
Contains good brief.
Ohio State Library Monthly Bulletin. Vol. I. No. 10. Ja. '06. pp.
United States Bureau of Education. Circular of information No.
4. 1893- PP- 409-10.
United States. 54th Congress, ist Session. House report 108. pp.
Bierce, Ambrose. Shadow on the dial. Death Penalty. Chap. VIII.
Bliss, William D. P. New Encyclopedia of Social Reform. Death
Penalty, p. 363.
Cheever, George B. Defence of Capital Punishment. Wiley and*
Putnam, New York. 1846.
Contents: Essays ojaPunishment by Death; Argument in Re-
ply to J. L. O'Sullivan; Brief Examination of a Late Work en-
titled "Thoughts on the Death Penalty," by Charles E. Burleigh. /
Du Cane, Sir Edmund Frederick. Punishment and Prevention
of Crime, pp. 28-9. 1885.
Dymond, Jonathan. Essays on the Principles of Morality, pp.
Encyclopedia Americana. Capital Punishment. Vol. IV.
Lalor, John J. Cyclopedia of Political Science. Death Penalty.
Faustin Helie. Vol. I. pp. 721-4. Prisons and Prison Disci-
pline. Fred H. Wines. Vol. III. pp. 352-3.
Livingston, Edward. Capital Punishment. In Moore, Frank.
American Eloquence. Vol. II. pp. 225-36.
,: r ::,.;:* '-SELECTED ARTICLES
Mittermaier, Karl Josef Anton. Capital Punishment, ed. by John
Macrae Moir. 1865.
Moore, Frank. American Eloquence. Capital Punishment. Ed-
ward Livingston. Vol. II. pp. 225-36.
New International Encyclopaedia. Capital Punishment. Vol. IV.
Ohio State Library Monthly Bulletin. Vol. I. No. 10. Ja. '06.
Has valuable statistics on capital punishment in the states of
Palm, Andrew J. Death Penalty : a Consideration of Trie" Ob-
jections to Capital Punishment.
Phillips, Wendell. Speeches, Lectures and Letters, 2d series,
pp. 77-109. Lee and Shepard, Boston. 1891.
Robespierre, Maximilien Marie Isidore. Against Capital Pun-
ishment: a speech delivered in the Constituent Assembly,
My. 30, 1791. In World's Best Orations. Vol. IX. pp. 3326-9.
Romilly, Henry. Punishment of death. John Murray, London.
Shelley, Percy Bysshe. Prose Works. On the Punishment of
Death. Vol. II. p. 167. 1888.
Sumner, Charles. Works. Letter to a Committee of the Massa-
chusetts Legislature, F. 12, 1855. Vol. III. pp. 527-8.
United States. 54th Congress, ist Session. House report 108.
Contains many valuable statistics.
Wines, Frederick Howard. Punishment and Reformation. Cap-
ital Punishment, pp. 50-69.
World's Best Orations. Against Capital Punishment. M. M. I.
Robespierre. Vol. IX. pp. 3326-9.
Annals of the American Academy. 17:366-9. Mr. '01. Death
Penalty as a Preventive of Crime.
* Annals of the American Academy. 29:601-18. My. '07. Crime
and Judicial Inefficiency. J. W. Garner.
Contemporary Review. 28:628-47. S. '76. Capital Punishment in
England. Francis W. Rowsell.-
Detailed history of capital punishment in England from Anglo-
Saxon period to 1876.
CAPITAL BUNISHMENT 3
Eraser's Magazine. 73 : 232-56. F. '66. Review of Report of the
Capital Punishment Commission. J. Fitzjames Stephen.
Green Bag. 9:129-31. Mr. '97. Death Penalty in the United
Reprinted from Harper's Weekly.
Green Bag. 11:15-6. Ja. '99. Death Penalty in Olden Times.
Harper's Magazine. 105 : 569-72. S. '02. The Headsman. Agnes
Same condensed in Current Literature. 33: 418-9. O. '02.
*McClure. 24 : 163-71. D. '04. Increase of Lawlessness in the
United States. S. S. McClure.
*North American Review. 133 : 534-59. D. '81. Death Penalty.
George B. Cheever, Samuel Hand and Wendell Phillips.
North American Review. 144 : 221-2. F. '87. Should Women
be Hanged? Helen Mar Wilks.
Says punishment should be same for man and woman. Op-
posed to use of gallows. Does not discuss justice of death
Public Opinion. 13:33-4. Ap. 16, '92. Death Penalty.
Westminster Review. 155 : 424-31. Ap. '01. On the Abolition of
Capital Punishment. Mark Drayton.
^American Journal of Politics. 2 : 323-32. Mr. '93. Capital Pun-
ishment. Andrew J. Palm.
American Law Review. 40:240-51. Mr.-Ap. '06. Abolition of
Capital Punishment in Italy and San Marino. Maynard Ship-
Presents evidence to show "that the abolition of capital pun-
ishment has not resulted in an increase of homicide in Italy; but
that crimes of violence in general are fast disappearing before
the recent rapid advances industrially and educationally, homicide
having already become almost as rare in some parts of Italy as
in the New England states of our own country."
American Law Review. 41 : 561-4. Jl.-Ag. '07. Abolition of Capi-
tal Punishment in France. Maynard Shipley.
Anvrican Law Review. 43:321-34. My.-Je. '09. Does Capital
Punishment Prevent Convictions? Maynard Shipley.
Extracts reprinted in Review of Reviews. 40: 219-20. Ag. '09.
4 SELECTED ARTICLES
American Statistical Association. 9:307-14. S. '05. Results of
the Practical Abolition of Capital Punishment in Belgium.
American Statistical Association. 10 : 253-9. Mr. '07. Homicide
and the Death Penalty in Austria-Hungary. Maynard Ship-
Quotes official statistics to show "so far as Austria-Hungary
is concerned, there is no ground for the contention that capital
crimes have increased as a consequence of the decline of capital
*Annals of the American Academy. 29 : 618-21. My. '07. Legis-
lative Tendencies as to Capital Punishment. Samuel J. Bar-
*Annals of the American Academy. 29 : 625-9. My. '07. Homi-
cide and the Death Penalty in Mexico. Maynard Shipley.
Arena, i : 175-83. Ja. '90. Crime of Capital Punishment. Hugh
*Arena. 2 : 513-23. O. '90. Death Penalty. George F. Shrady.
Arena. 38 : 259-63. S. '07. Anomaly of Capital Punishment. Thom-
as Speed Mosby.
Arena. 41 : 525-34. Ag. '09. I Cannot Keep Silent. Leo H. Tolstoi.
^Canadian Magazine. 2 : 467-75. Mr. '94. Death Penalty. John
^Charities. 15:248-9. N. 18, '05. Capital Punishment Denounced.
Quotations from report of Committee on Enforcement of Law,
William O. Stillman, Chairman, at Sixth New York State Con-
ference of Charities and Correction.
Congressional Record. 23 : appendix 427-41. Speech against
Capital Punishment. N. M. Curtis. Delivered Je. 9, '92.
Also printed separately in pamphlet form by Government Print-
ing Office. Very full argument and includes many and lengthy
quotations from prominent men.
Current Literature. 29 : 190-2. Ag. 'oo. Shall Hanging End *
Quoted from the Humane Review.
Democratic Review. 10 : 272-88. Mr. '42. Wordsworth's Son-
nets on the Punishment of Death.
Quotes fourteen sonnets and points out his "false argumt ts
and false assumptions."
Democratic Review. 12:227-36. Mr. '43. Gallows and the Go -
CAPITAL PUNISHMENT 5
pel: an appeal to clergymen opposing themselves to the
abolition of one, in the name of the other.
Confined to "disproving the existence of any mandatory Scrip-
tural authority, applicable to us and our times, requiring the
maintenance of the death punishment."
Democratic Review. 12:409-24. Ap. '43. Capital Punishment.
Attempts to answer and expose Cheever's "Capital Punishment."
Democratic Review. 19:90-103. Ag. '46. An essay upon Ground
and Reason of Punishment.
Democratic Review. 20 : 71-3. Ja. '47. Capital Punishment.
Comment on Report of the Select Committee on Capital Punish-
Democratic Review. 20 : 204-8. Mr. '47. Capital Punishment.
Comment on Report of the Select Committee on Capital Punish-
Democratic Review. 20 : 300-6. Ap. '47. Punishment and Penalty.
Outlines general principles, "which the wisest and best of
modern jurists have established for the guidance of legislation.
It is significant, that not a single one but condemns, positively
and emphatically, the penalty of death."
Foreign Quarterly Review. 25 : 394-406. Jl. '40. Victor Hugo
and Sir P. Hesketh Fleetwood on Capital Punishment.
Gives a short analysis of "Last Days of a Condemned" and
quotations from it.
*Fortnightly Review. 52:322-33. S. '89. Case against Capital
Punishment. B. Paul Neuman.
*Friends' Intelligencer, sup. O. 6, '06. Shall the State Kill?
Charles Burleigh Galbreath.
An address delivered before the Friends' General Conference
at Mountain Lake Park, Md. S. 3. '06.
Green Bag. 10:50-2. F. '98. Judicial Killing. Florence Spooner.
*Green Bag. 10 : 92-6. Mr. '98. Abolish the Death Penalty. James
Green Bag. 19:359-60. Je. '07. Abolition of Capital Punishment.
James H. Vahey.
Harper's Weekly. 48 : 196-8. F. 6, '04. State Manslaughter. W. D.
Shows that death by electricity has proved not merely ap-
palling and disgusting but ineffective.
x *Harper's Weekly. 50 : 1028-9. Jl. 21, '06. Does Capital Punish-
ment Tend to Diminish Capital Crime? Thomas Speed
Summarizes opinions of attorney-generals of the states having
6 SELECTED ARTICLES
Harper's Weekly. 50:1903. D. 29, '06. Plato on Capital Punish-
ment: a Lesson for To-Day. Maynard Shipley^
Harper's Weekly. 51:890. Je. 15, '07. Homiside and the Death
Penalty in France. Maynard Shipley.
Independent. 61 : 1124-5. N. 8, '06. Abolishing the Death Pen-
alty in France.
* international Journal of Ethics. 15:263-86. Ap. '05. Abolition
of Capital Punishment. W. J. Roberts,
international Journal of Ethics. 17:290-301. Ap. '07. Reform
and the Death Penalty. Carl Heath.
"^International Journal of Ethics. 18:409-17. Jl. '08. Treatment
of Homicidal Criminals. Carl Heath.
Literary Digest. 33:711-2. N. 17, '06. End of Capital Punish-
ment in France.
Living Age. 258: 349-57. Ag. 8, '08. Government by Executions.
North American Review. 62 : 40-70. Ja. '46. Punishment of
Reviews and replies to arguments in reports and books.
North American Review. 116:138-50. Ja. '73. Rationale of the
Opposition to Capital Punishment. E. S. Nadal.
Outlook. 90 : 1-3. S. 5, '08. Russian Torture Chamber.
Potter's American Monthly. 18:145-52. F. '82. Death Penalty.
Charles T. Jerome.
* Public. 10 : 102-3. My. 4, '07. Capital Punishment Abram E.
*Putnam's Magazine. 13 : 225-35. F. '69. Gallows in America.
Reader. 9:383-92. Mr. '07. Thou Shalt Not Kill. Brand Whit-
Review of Reviews. 34 : 368-9. S. '06. Capital Punishment and
Summary of Mosby's article in Harper's Weekly. 50: 1028-9.
Jl. 21, '06.
*Review of Reviews. 40:219-20. Ag. '09. Does Capital Punish-
ment Prevent Convictions?
Extracts from American Law Review. My.-Je. '09.
CAPITAL PUNISHMENT 7
Westminster Review. 81 : 185-95. Ap. '64. Prerogative of Par-
don and the Punishment of Death.
Review of articles and books.
Westminster Review. 91 : 34-48. Ja. '69. Our Criminal Procedure,
especially in Cases of Murder.
Condemns system of trial in England.
Westminster Review. 91 : 429-36. Ap. '69. Mr. Mill's Speech on
*Westminster Review. 143 : 561-6. Mr. '95. Ought Capital Pun-
ishment to be Abolished? C. Rayleigh Vicars.
* Westminster Review. 155:144-9. F. '01. Capital Punishment:
Ineffectual and Mischievous. T. M. Hopkins.
Westminster Review. 165 : 512-6. My. '06. Is Capital Punishment
Defensible? Chester Warren.
Future state argument is concise.
*Westminster Review. 168:178-86. Ag. '07. Emotion as a Law-
Maker. G. M. Hort.
*Westminster Review. 169:333-41. Mr. '08. Homicidal Crime
and the Death Penalty Abroad. Carl Heath.
*Westminster Review. 170:325-9. S. '08. Modern Penology and
the Punishment of Death. Carl Heath.
Reply to Westminster Review. Jl. '08. Completes article of
Westminster Review. Mr. '08.
Westminster Review. 172 : 96-9. Jl. '09. Argument for Abolition of
Capital Punishment. Cosmo G. Romilly.
Contains argument from Thucydides, iii, .45-6.
* American Presbyterian Review. 20:414-31. Jl. '71. Retributive
Law and Capital Punishment. Rev. Charles Wiley, D. D.
*Annals of the American Academy. 29 : 622-5. My. '07. Capi-
tal Punishment and Lynching. J. E. Cutler.
Arena. 21 : 469-72. Ap. '99. Failure of the Death Penalty. C. G.
Gives list of states and countries where capital punishment is
without qualification, where abolished, where life imprisonment
may be substituted by jury, where like discretion is given to trial
8 SELECTED ARTICLES
Bibliotheca Sacra. 4 : 270-323 ; 435-70. My., Ag. '47. Capital Pun r
ishment. Daniel R. Goodwin.
Blackwood's Magazine. 27:865-78. Je. '30. On the Punishment
Blackwood's Magazine. 58 : 129-40. Ag. '45. On Punishment.
Protests against "the reasoning which would divest punish-
ment of its proper and distinctive character, which spreading
about weak and effeminate scruples, would paralyse the arm which
bears the sword of justice."
Eraser's Magazine. 69 ; 753-72. Je. '64. Capital .Punishments. J.
Discusses these questions: Ought capital punishment to be in-
flicted under any circumstances whatever? Ought any alteration
to be made in the definition of the crime for which it is inflicted;
namely, Wilful murder? Ought any alteration to be made in the
present administration of the prerogative of pardon?
*Forum. 3 : 381-91. Je. '87. Capital Punishment. J. M. Buckley.
*Harper's Weekly. 53 : 8. Jl. 3, '09. Should Capital Punishment
be Abolished. Edward Charles Spitzka.
*Month. 65:168-79. F. '89. Shall We .Abolish th,e Death Pen-
alty for Murder? W. C. Maude.
Nation. 8 : 166-7. Mr. 4, '69. Death Penalty.
*Nation. 16 : 193-4. Mr. 20, '73. Substitute for Hanging.
Nation. 16 : 213-4. Mr. 27, '73. Argument against Capital Pun-
Nation. 24 : 263-4. My. 3, '77. Crime and Hanging in Maine.
Gives history of capital crime and its punishment in Maine.
New Englander. i : 28-34. Ja. '43. Capital Punishment.
New Englander. 3 J . 562-6. O. '45. Right oi^ Civil Government
over Human Life.
New Englander. 4:563-88. O. '46. Shall P -'" ^ Abol-
ished? L. B.
*New Review. IT : ^06-200. Ag. '94. In Praise of Jrianging. W. S.
*Review of Review?. 21 : 608. My. 'oo. Is Capital Punishment
Justified? Dr. E. B. McGilvary.
Southern Literary Messenger. 18:650-4. N. '52. Death Punish-
ment. D. S. G. C.
*Westminster Review. 170 : 91-8. Jl. '08. Shall We Abolish the
Death Penalty? Advocate C. J. Ingram.
A reply to Mr. Carl Heath (Westminster Review. Mr. '08).
American Journal of Politics. 2:323-32. March, 1893.
Capital Punishment. , Andrew J. Palm.
It needs no extraordinary judgment to comprehend the truth
that if government wishes to teach that human life is sacred
it must not set the example of deliberately destroying it. As
well might it steal from the thief or burn the house of the in-
cendiary as to snuff out a human life to teach that human life
is sacred and should be held inviolable. The evil force of bad
example is the strongest argument that can be made against
the death penalty and in itself should be sufficient to annul the
law of life for life in every civilized country on the globe. The
Quakers believe in the sacredness .of human life and they con-
sistently and persistently refuse to make their actions belie
their belief. They refuse to go to\ vfcar and refuse to assist
in putting men to death either legally or illegally and the re-
sult of this teaching for centuries is that Quakers do not- rom-
mit murder. The man who has proper respect for the rights
of property needs no law to prevent him from taking his neigh-
bor's goods. The man who has proper reverence "for human life
needs no law to restrain his hand from murder, but he who
would argup ^ "high regard for human life can be in-
stilled by t : anded executioner, legal though his mur-
derous trade 'may be, should be sent to an institution for the
Under the old Jewish law the violation of every command-
ment but one was punishable with death and when it has been
shown that according to the Old Testament we should abolish
slavery and polygamy and cease to kill the wife who believes
in a different god from the one adored by her husband, th^n
it will be time to advocate capital punishment for murder on
a Hebraic basis. Though our early fathers were a savage peo-
ple, the law of death for murder, so emphatically enjoined, was
io SELECTED ARTICLES
flagrantly violated, and even they, ignorant and savage as they
were, were better than their cruel law. If the law of life for
life, as laid down by Moses, was good, it surely should have
been carefully observed in those early days, and yet Cain was
a murderer as were Moses, Lamech, David, Simeon, and Levi,
and yet not one of them was made to atone for his crime by
giving up his life. The law seems to have been a failure even
'then as it has been in all ages since.
American Presbyterian Review. 20:414-31. July, 1871.
Retributive Law and Capital Punishment. Rev. Charles
Wiley, D. D.
We think it, in fact, one of the features of degeneracy of
the present age, that the sentiment of national justice appears
to be so feebly recognized. It is this sentiment that lies at the
foundation of all vigorous administration of law. It presides
at the first formation of law. It sustains the judge upon the
bench. It fortifies and supports the whole process of criminal
adjudication, and to this, as we have already said, we shall
have occasion to appeal, in the sequel of our subject, as hav-
ing an important place in any sound views that may be taken
of the question of capital punishment. . . . We advocate the
practice of capital punishment on the broad principle that it
is in accordance with the clearest dictates of natural justice.,.
Annals of the American Academy. 2gr6oi-i8. May, 1907.
Crime and Judicial Inefficiency. James W. Garner.
Ex-President Andrew D. White, in a recent address at Cor-
nell University, declared that as a result of extensive studies
carried on through a long period of years and in all parts of
the union he had become convinced that the United States leads
- ^ civilized world, with the exception perhaps of lower Italy
ai. 1 Sicily, in the crime of murder and especially of unpunished
The truth of this severe arraignment is easily established
by reference to the statistics of crime in this and other coun-
tries. The appalling increase in the one x crime of murder in
the United States is apparent from the following table com-
piled by the Chicago Tribune and published in its issue of De-
cember loth last.
in the U. S.
in the U. S.
It will be seen from the above table that within the space
of twenty years the number of homicides has increased nearly
400 per cent; that the proportion of thirty-two homicides to
each million of the, population has grown to one hundred and
four, and that the .number of ' legal executions has remained
substantially what it was when the number of homicides was
only one-fourth as great as now. Compared with conditions in
other lands, the situation in the United States, as revealed by
the statistics quoted above, is not only disgraceful to American
civilization, but is highly serious and deserves the thoughtful