Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1877-12-06
The Death Penalty.

punish with death the crimes OF arson, rape
and burglary, and notice to indefinitely
postpone the bill has been lost by largo ma
jority. These arc high crimes and were
formerly punished with death in South Caro-
lima the death penalty in such cases having
been abolished by the first Republican Lc
gislaturo. Wo then strongly opposed the
change of tho law, but VIC are not satisfied
that We would favor return to the old law in
letter. We have constantly dcplorcd the
tendency Of the ago towards that false hu-
manity which encourages crime by protecting
it's perpetrators and which leaves property
almost at the mercy Of desperate characters;
but we would equally deplore bloody code
which undervalued life.
Rape is horrible crimo and in many in
stances those guilty of this offence arc sum-
marily hanged; but it is an accusation easily
mado, hard to be proved md still harder to
be defended by one ever SO innocent.
Arson, too, may leave q helpless family
shelterless in few hours, while thousands Of
dollars in property are lost to the State.
Burglary tho least Of tho lhrco crimes, is
committed in the night in the dwelling house
to the great terror of its occupants.
All these crimes arc incxcusable and of
high gradc; but are we willing to mako their
punishment death after trial of lighter
though equally effective punishment for ten
years2 We are opposed to the death penalty
for these crimes ns they are now defined.
Tako tho crime of burglary and VIC cannot
agree that o man should be hanged because
he has broken into some out house in two
hundred yards of the dwelling md stolen
thorcfrom in the night time five or ten dollars
worth Of corn or bacon. IT is not false
humanity to oppose the death penalty for such
crime, but rather q true regard for lifo. AS
to this crmc wo would oppose the death
penalty in all cases except where tho burglary
is committed in the dwelling house and by the
use of some dangerous drug, rs choroform,
showing disregard human life and n ten
dency to take it. A.on this grade of the
crime perhaps should bc excluded from the
death penalty and The punishment remain rs
it is. The samo is true of arson, where some
out.buildng is burned As to the rayshcr
no honest man can have much care for his
life His crime is brutal, fendish and is
directed against helpless woman rendering
her death preferable to her dishonor oven by
violence; but with our experience in the
courts in the present state Of society tho pun
ishme!!t Of this crime by death III ali cases is
not advisable. We have witnessed number
of cases in which tho prosccutrix vas of bad
character and perhaps had led on and induced
'!e preparation of the alleged crinnc. It will
not do to say these are questions for the Jury,
for any vile woman could so luy hor plans as
by her outorys to mako that appear rape which
was an arranged matter on her part and
unknown to the rescuing witnesses Nor will
it do to leave any error by jurios to executive
clemency, for this is too often sought and is
not satisfactory. In oil these casos q certain
punishment, rs imprisonment for life at hard
labor, will prove corrective If properly nd
ministered. At all events, If tho deatl,
penalty be restored to thcso crimes thcy
should be graded as guide to the punishment
In fact, wc have for years held that homicide
should DO graded, giving two degrees to mur-
der and three or four to manslaughtcr, with
proper discretion as to tho punishment o
zach grade, except that Of murder in tho first
degree, which should DO punishable with
death, and in the second degree with impri-
sonment for life at hard labor. There arc
cases of technical manslaughtcr which should
not be punished with two years in tho peni-
tentiary, nor even in tho pcnitcntiary at all
and casos whero persons arc convicted Of
murder which should not call forth tho death
penalty.
A proper grading Of oil high crimes would
secure moro convictions and certain punish
mont which would afford q better sprotcc,ion
against them than the present general law.
Nearly all the States have classified the higher
crimes into degrees with proper punisbments
for each. The ole common law was bloody.
Furnishing grand larceny or tho stealing above
twelve ponce with death. Some of our old
citizens can rccollcct the hanging of man at
old Pondleton for stealing about five dollars
but such thing would not be tolerated at this
+. time. Only q few years ago horse stealing
was punished with death.
Wo hold that life is sacred and should be
taken for very few crimes, and that changing
the common law 80 as to leave tho death pen
atty only for the highest grado of murder is q
proper humanity. In considering propcl
punishment for the crimes of arson rape and
burglary our legislators should remember tha
where they were punished with death tho only
+ Other available method Of punishment in
South Carolina was Gno or imprisonment r