The Cass County Republican. [volume] (Dowagiac, Mich.) 18??-1880, 1859-01-27

~ SeemS tna& tnlS FexeQ question Is
again occupying the attention of the
Legislature. There have been large
number Of petitions sent to both Houses
il favor Of and against the restoration
of the death penalty torsthe crime of
murder. There are Consequently two
parties to this question. One calls for
the complete restoration of the old
penalty.-4Who so sheddeth mans
blood by man shall his blood be shed"
for the reinstatement in our penal
code, of the penalty Of death for ssmur-
DER" The other party to the question
denounces the whole matter of death
penalty for any offence, as ga relic of
barbarism"-an ihhumana and cold
hearted butchery of a fellow mortal.
There is no denying the fact that an
unusually large number of murders and
homicides have been committed within
the borders Of our State during the
past year or two. But are we equally
sure that this increase has been brought
about through the abolition of the
death penalty. If it can be satisfactory
Ily shown, that the crime Of murder has
increased in consequence of the aboli-
ton of capital punishment, then that
kind of punishment ought to be re-
stored. But if, on the other hand, hu-
man life is equally protected by the
present law, then should the law refuse
to take the life of its victims.
Now we venture the assertion that
not one in hundred, of all the pre-
meditated murders, are committed with
any reference to the kind, of punish
men ito be receiveda as penalty for the
crime; but with direct reference to
the possibility of escaping detection
and punishment at all. Murders, of the
most korrid and revolving character re-
main clouded in the most obscure mys-
terry. Some murders of this character
were committed years ago, and the
guilty parties have escaped the vigil
lance of all the officers of the law, and
probably never will receive, at the
hands of the law justice due their dam
ming deeds. p.g 4r..
Take for instance the three -homi-
cides in and near Detroit. Is it to be
supposed that they were committed
with reference as to the kind of pun
ishment they would receive. Not at
all. Two of them were committed by
persons under the influence of liquor,
and VIC do not believe that there is an
I individual who thinks that these MUIR
ders were committed with any refer
ence as to the punishment to be in
ficted. The third being committed in
Canadian waters where the death pen
atty attaches, we must of course con-
clude that the penalty was never tho't
of. w ss. |s ~
For number of years after Michi-
gan was admitted as State, did the
law hold the death penalty over the
murderer, and although they were
a number of murders committed du-
ring this time, we believe that no muir
derer within her borders, during allthe
time, expiated his crime upon the gal
lows. What with writs of error, disa
greement of jurors, and executive
clemency, the culprit saved his neck
Nothing short of the most positive
{ proof, would convict man of the high
, est crime known 10 the law. The plea
of insanity was continually brought in.
to requisition, and so averse are mos,
f Jurors to the shedding of blood, that
the more atrocious the crime, the more
barbarous, cold-blooded and inhuman
the murder, the greater was the proof
of insanity. Just in proportion as the
punishment to be inflicted for any crime
shocks the sensibilities of those whose
duty it is to try and condemn; just in
that proportion are the chances of con
} viction lessened. Upon this principle
: we believe, that the restoration of cap
, ital punishment, would decrease fifty
per cent, the chances for convicting the
, man, who, in the still dark hours ofthe
night, with. no witness to the act itself
should Undue his hands in the blood O.
his victim. II - -E
The NEW TERRITORY OF CoLoNA
We see it stated that the president
has declared himself decidedly opposed
to the organization of the Territory O
:, Colona. This is no more than might
have been expected. Mr.. Buchanan
!. can see no good results to be derived
from the formation of any new terrific
ry unless there is prospect of SLAYER,
going there. When that is the case
, we can always depend upon the execu
tive influence. The territory of Co
, Iona will embrace all the recently dis