[22] General C. Lee’s Memoirs.

[23] This fact rests on the authority of a gentleman of Pisa, who told it to Dr. Rush, the so-called ‘American Æsculapius,’ who wrote against capital punishment towards the end of the last century.

[24] By Gustavus III. It had, however, been discontinued long before, as Beccaria speaks of it as non-existent when he wrote.

[25] Turnbull’s Visit to Philadelphia Prison, 1797.

[26] Times, March 1, 1880.

[27] For most of the above facts the writer is indebted to the papers published by the Howard Association, kindly sent to him by the Secretary, Mr. Tallack.

[28] Diodorus Siculus, i. 65: ἀντὶ γὰρ τοῦ θανάτου τοὺς καταδικασθέντας ἠνάγκαζε λειτουργεῖν ταῖς πόλεσι δεδεμένους.

[29] Gibbon, c. 48: ‘During his government of twenty-five years the penalty of death was abolished in the Roman Empire.’ A.D. 1118-1143.

[30] Beccaria doubtless got the expression from Helvetius, who used it in his L’Esprit, i. 228, 291.

[31] Vicar of Wakefield, c. 27; and Citizen of the World, letter 79. Johnson was more outspoken in the Rambler, No. 114 (1751), in which he advocated the restriction of capital punishment to cases of murder.