The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1875-03-04
CAPITAL Punishment.

been abolished in some of the States the higher
crimes have become more frequent, and IN
Iowa, in two or three counties, vigilance COM
mittees have been formed for the protection OF
life and property Certainly such a condition
of affairs IS to be deprecated, and the question
naturally arises, Should capital punishment be
abolished :? From the beginning to the present
time this mode of punishment: has been uni
yersally practiced, not only among nations
were renowned for having attained the highest
When the peace of society is disturbed, the
disturbing element should be removed. The
punishment of crime should be proportionate
to the ofense, the object being not only the
punishment of the offender, but the prevention
Of like ofenses. Many are ruled only by fear,
and if the terrors of broken law are removed
there will be nothing to prevent the hardened
criminal from breaking the law again. Pro-
portionate penalties and certain enforcement
will promote peace and good order.
In early times, and even down to the last
century, death was the penalty in England and
other European countries for every felony.
One hundred and sixty are mentioned by
Blackstone as punishable with death; but
now, in an enlightened age and with an en-
larged sense of justice our legislators have
limited the death penalty to murder and trea-
son. Many able writers and speakers insist
that governments have no right to take the lie
of the subject in any case, and maintain that
confinement at hard labor, as driven slave
in chains, is q more severe punishment and
more eficacious in deterring others from like
ofenses.
"Whoso sheddeth mans blood, by man shall
his blood be shed :" and again HE that
hot ho Iio ohol1 ha
nut TO DEATH" Divine law recognizes no pun
ishment for murder but death and, as Sir
Samuel Romilly says to those who recommend
other punishments as more severe, eff human
tribunals have q right to infict punishment
more severe then death, they certainly have
the right to inaict the death penalty" HUI
manitarians cry out: "It is inhuman to take
life-geye the felon time to repent" Does the
assassin give his victim time? Does he exer-
else christian charity toward his felow-man
Then why extend to him benefits which he has
denined to others? But if the punishment of
the offended was the only object we would say,
substitute penal seryitude for life. But the
objects of the law are two-fold-the punish
ment of the offender and the reformation of
society. Severe penalties, rightly enforced,
will prevent crime.
win any one deny the right of society to
protect itself7 We think not Then we must
concede to society the right to enforce penalties
proportionate to the offense committed. What
penalty is proportionate to the ofense? If one
is assaulted and his life is in peril, he certainly
has the right to use all necessary force to de-
fend himself, even to the taking of life. Soci-
ETY. recognizes this right in the private individ-
ual. The rights of individuals are merged into
the community, and communities have the
right and must protect the persons who COM
pose them. How does the community protect
the individual when there is failure to ad-
minister proportionate punishment for crimes
committed, and is any punishment less than
death proportionate to premeditated murder?
Again, if imprisonment at hard labor tor lie
is substituted, is there any certainty that the
punishment will be for life2 The pardoning
bower is vested in the executive office OF the
commonwealth and this, we think, is right
for there are cases which call for executive
clemency but, while this is true, the records
of every State in the Union show that this
power has been shamefully abused, and many
hardened criminals are turned loose upon the
communities who consigned them to the States
prison for life, to prey again upon society and
imperil innocent lives. We are aware that
those who seek to abolish capital punishment
are impelled to it by humane and charitable
motives and belief that it is necessary to an
advanced civilization but the weight OF mod
ern authority and the opinions of many OF the
most eminent jurists are against lt.-HeraS@
and Presbyter.