Page:Catholic Encyclopedia, volume 12.djvu/641

 PUNO

569

PUNO

tioner. " These two authorities, as well as Sir William ' ' That the state of every King consists more assuredly

Blackstone, refer to the favourable results which fol- in the love of the subjects towards their prince than in

lowed the abolition of capital punishment in Russia the dread of laws made with rigorous pains; and that

by the Empress Elizabeth and the continuance of the laws made for the preservation of the Commonwealth

same policy by her successor, Catherine III. Beccaria without great penalties are more often obeyed and

makes a telling argument against the execution of kept than laws made with extreme punishments. "

criminals in saying: "The punishment of death is per- The policy at present pursued by the nations of the

nicious to society, from the example of barbarity it affords. If the passions, or necessity of war, have taught men to shed the blood of their fellow creatures, the laws which are intended to moderate the ferocity of mankind should not increase it by examples of bar- barity, the more horrible as this punishment is usually attended with formal pageantry. Is it not absurd that the laws, which defect and punish homicide, should, in order to prevent murder, publicly commit murder themselves? What are the true and most useful laws? Those compacts and conditions which all would pro- pose and observe, in those moments when private interest is silent, or combined with that of the public. What are the natural sentiments of every person con- cerning the punish- ment of death? We may read them in the contempt and indig- nation with which everyone looks on the executioner, who is nevertheless an inno- cent executor of the public will; a good citizen, who contrib- utes to the advan- tage of society; the instrumentof the gen- eral security within, as good soldiers are without. What then is the origin of this contradiction? Why is this sentiment of mankind indelible to the scandal of reason? It is, that in a secret corner of the mind.

The Catheural, Puno

in which the original impressions of nature are still of Oldenburg, they are shot

preserved, men discover a sentiment which tells them cuted by means of an instrument called the garrotte,

world generally favours capital punishment, although it has been abolished in Italy, Holland, most of the cantons of Switzerland, Belgium, Portugal, and Ru- mania, and in the States of Michigan, Rliode Island, Wisconsin, Iowa, and Maine. It has fallen into prac- tical disuse in Finland and Prussia. It is retained in Russia only for treason and military insubordination. The State of Colorado abolished it in 1897, but as the result of a lynching outbreak in 1900 it was restored in 1901. The death penalty is inflicted by the guillo- tine in France, Belgium, Denmark, Hanover, and two cantons of Switzerland. In these countries the execu- tion is public. Criminals are executed privately by the guillotine in Bavaria, Saxony, and in two cantons of Switzerland. Ex- ecution upon the gal- lows is in vogue in Austria and Portugal. Hanging is conducted privately in Great Britain and in most of the states of the Fed- eral Union. In the States of New York, New Jersey, Massa- chusetts, Ohio, North Carolina, and Vir- ginia, criminals are executed by electric- ity. In China and in fiflpen cantons of Swit zcrland criminals condemned to death are publicly behead- ed; in Prussia they are privately behead- ed. In Ecuador, and in the Grand Duchy In Spain they are exe-

that their lives are not lawfully in the power of any- one, but that of necessity only, which with its iron sceptre rules the universe."

The opposite view was taken by Jeremy Bentham. In his work, "Rationale of Punishment" (18.30) he says that death is regarded by most men as the great- est of all evils; and that especially among those who are attached to life by the ties of reputation, affection, enjoyment, hope, or fear, it appears to be more effica- cious punishment than any other. Sir Samuel Romilly in his "Memoirs" (1840) takes issue with Beccaria. "Beccaria," he says, "and his disciples confe-ss that it is not the greatest of evils, and recommend other pun- ishments as being more severe and effectual, forget- ting, undoubtedly, that if human tribunals have a

and such executions are public. In China they are strangled in pubUc with a cord. In Brunswick they are beheaded.

Blackstone, Commentaries on the Law of England, ed. Shabs- woOD (Philadelphia, 1875); Smith, Dictionary of Greek and Ro- man Antiquities (London. 1875); Tucker, Life in Ancient Athens (New York and London, 1906) ; Criminal Law Maga- zine, X (Jersey City, ISSS); Proceedings of the First National Con- ference on Criminal Law and Criminology (Chicago, 1910), Fearing, Capital Punishment (Minneapolis, 1909); Dp Cane, The Punishment and Prevention of Crime (London, 1885) : Earlb, Curious Punishments of Bygone Days (Chicago. 1896); Novum Enchiridion Juris Romani (Paris, 1873); Beccaria, Crimes and Punishments, tr. (Albany, 1872).

John Willey Willis.

Puno, Diocese op (Puniensis), suffragan of the Archdiocese of Lima in Peru. Its jurisdiction extends

right to inflict severer punishment than death, they over the whole territory of the Department of Puno,

must have a right to inflict death itself" (III, 278). with a Catholic population (1909) of 2(j0,810 souls; 85

It may be said in this connexion that Sir Samuel priests; 62 parishes; 320 churches and chapels. The

Romilly was one of the most strenuous and efficacious residence of the bishop is at the City of Puno. The

agents in reforming and humanizing the criminal code bishopric was created by law of the republic, 26 No-

of England. The battle is still raging between the vember, 1832, and by a Bull of Pius IX of 6 Nov.,

advocates and the opponents of capital punishment. 1861, approved by executive resolution, 6 Sept., 1865.

It has been well observed by Montesquieu that the Dr. Mariano Chacon y Becerra was nominated the

excessive severity of law hinders its execution, for first Bishop of Puno on 17 June, 1861, and con.secrated

when the punishment surpasses all measure the public 7 April, 1862, but resigned before assuming his duties,

will frequently, out of humanity, prefer impunity to His successor. Dr. Juan Ambrosio Huerta was nomi-

Buch punishment. The same benevolent and philo- nated 17 June, 1865, and in 1875 transferred to the See

Bophical idea was also expressed in the first statute of Arequipa. He was succeeded by Mgr. Pedro Jos^

enacted by the English Parliament in the reign of Chavez, whose con.secration took place on 25 July,

Queen Mary; and that statute recites in its preamble: 1875. The next Bishop of Puno was Mgr. Juan Este-