The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1877-05-16
The Criminal Law.

In the House Wednesday Il bill TO
amend the criminal law, being the unfin-
ished business Of yesterday, was taken
up. The pending motion was to strike
out the enacting clause.
Mr.. Hamilton moved that the House go
into secret session. Rejected.
Mr.. j. J. Hemphill-There was a time
in tho history of South Carolina when
people were punished for crimes, when
this chickcn-heartcd humanity that now
seems to prevail did not prevent their
punishment. 1t is right that a man who
rayishes 4 woman or burns up the hard
earnings of Il Lifetime should be punish
ed severely. Can we say now that arson
and rape are so severely punished as to
deter men from committing them? What
is the punishment for such crimes? Why
the felon is sent to the p~enitentiary and
stripes are put upon his clothes instead OF
his back ; he stays there a few years and
then is turned out upon the community
to commit the same crime again. 1t is
very sickly humanity that looks only to
the care of the criminals, and leaves the
innocent unprotected.
Mr.. Blue-The only question members
should ask themselves is whether it is
necessary at this time to make the law
more stringent than it has lately been. L
would be the last man to increase the
number of offences to be punished by
death if it were not absolutely necessary.
Convicts arc now treated so we'll III The
penitentiary that many of them when
they come out express u desire to do some
act so that the courts may send them back
again. l am in favor Of Furnishing bur
glary, arson and rape with death; and as
to the theft Of live stock, I think the pun
ishment for that is entirely too light.
| Why, pigs are getting to be natural curl
ositics in South Carolina, and if SOME
thing is not done soon they will entirely
disappear, and circuses will make more
money exhibiting them than any other
animals.
Mr.. Gray-I have searched the crimi-
nal codes of the different States, and OF
the world, and especially that Of England
and I have found no such provisions III
any of thom rs are contained i'll this bill.
I would. be in favor of putting a man in
the p%enitentiary for life for arson or rape,
for ! think the present punishment for
those crimes is o light. But l am not
in favor of furnishing them with death.
are committed by colorcd men. We
know that they are at heart q kind race
and apt to follow the examples OF those
above them. The reason why these
crimes are now SO frequent is that the law
is corrupt ut its source, because It is not
enforced, and because the chief CXccu-
tive of the State and his agents have been
encouraging the cOlored people to burn
and rob and ruin for political ends. is it
true that the people of South Carolina
cannot civilize the colored people without
passing this bill? The passage of any
measure that will be considered as dircc-
ted against q particular race would be
most impolitic.
Mr.. Youmars-Within the last ninety
days men have barely escaped with their
lives out of buildings set on fire by incen-
diaries, and, while before the wal we
raised our own bacon and had plenty OF
milk and butter, 10Y we have to do with
out them or send Oft to other parts OF the
world to get them.
MIR. Hamilton-1 know that the major-
itv Of crimes committed in this State are
committed by colored men. But they
were encouraged not only by the chief
executive of tho State, but by the Presi-
dent Of the United States, to commit them
or to do anything in order to accomplish
their political purposes. But those men
are now out of office, and there is no ne
cessity for this bill. 1t is just such a law
as the radical Republicans want you to
pass, because it would look like you wtre
jeopardizing the rights Of the laboring
classes.
Mr.. Aldrich-All the bill docs o un-
der the amendments recommended by
the committee is to make burglary, arson
and rape capital felonies. And I think
that men who commit those crimes are
unfit to live.
The vote on the striking out the enact
ing clause was ID ayes, ~ nocs.
Mr.. Sheppard moved to continue the
bill till next session. Adopted by 81 yeas
to 80 nays.