The news and herald. (Winnsboro, S.C.) 1877-1900, 1883-10-18
TIE EEATII PENALTY.

y. hoPo'o, Win some sound ana excel
lent comments, Of /, paper recently
read before tho American Social
Science Association, at Saratoga, bv
Professor Francis Wayland, on the
subject Of the "Dcath Penalty" Prof
Wayland argues forciblv for its aboli-
ton, and the points made are well
worthy Of attentive and impartial con-
sidcration ut the hands Of those who
justify lis continuance on the score Of
cNpcdicncy. lie says in the .EI~t place
that 1t increases very considerably the
difficulty Of procuring a conviction.
And hi tho second place that statistics
will show that the crimes for which
capital punishment i; or has been in
flictcd, arc not decreased or Iininish-
cd III number by reason Of the fac,
that the death penalty is attached TO
them. lie shows negatively that its
abolition has iii no instance been fol-
lowed by an increase Of crime.
iIho Doctor proposes thc substitu-
ton OF life imprisonment for capital
punishment without hope Of pardon or
release by executive ccmcncy. Grit tic
-Ac"S und Courier says: "If any rc-
vision Of the s2ntc%cc should be possi-
Die, it ought to be by means of u SOL
cmn proceeding in the same court bv
which sentence was passed. It would
be easy by Legislative action to pvo-
vide method by which TIC cir,um-
s;"n..s justit'ying a remission of the
life sentence should be reviewed bv The
court and a modification Of That scu-
tcncc; or, il the case justify il, The
prisoners release. But the proceed
ings shon'd be as solemn and as formal
as the original one"
The practical force Of DR.. Wav-
lands first argument setting forth the
serious difficulties in tic way Of sccur-
ing conviction, where the punish
lncit is death, is certainly in view of
our own experience and nbs"rvgtion,
apparent ut first thought. T!ln human
heart rcvolts at the idea Of inCictinw
t"atl as punishment, and consc-
p"chtly jurics arc loath to return
vcrdicts Of "Guilty", though The law
and the evidence might justify none
other. Trembling with the awful re-
sponsihility Of deciding between the
issues OF life and death, whimsical and
cowartily doubts are seized upon TO
Justify the verdicts anh smother the
clamo"lngs Of uneasy canScicncce, and
guilty 1elons arc thereby turned loose
upon the country, 10 mix and minnlc
with the coed and innocent, and Dur
chancc to commit anew the dark, foul
crimes of the past. These are the real
Facts in the history Of criminal iuris-
prudence All over the land, ard they
arc in themselves pondcrous arguments :
against the cXpcdicncy and efficacy OF
the death penalty as deterrent CT
crime.
The great italian Bcccar;a once said.
"fhat crimes are more cilrctuany suu-
pressed by the ccyiainiy rather than
ny tie severity Of punishment" Niiix
10 the intiactions OF our pcnal laws
punishncnts more in Keeping with The
instincts OF humanity, and Jurors will
vote oitcner for conviction, and the
penalties violated law will follow
rc'f"'n|y md swiftly upon the heels of
the offender. In o.hcr words, decrease
the QHnntHm Of punishment and in
crease tho certainty OF its inliction,
ana criminals with but little hone OF
escape will pause, and pause long, be-
fore they steep their hands in human
blood.
bE' can VIC moi safely 20 further and
say with Dr. Wayland that il is not
more clirctual rs u preventive Of crime
than other and mildcr forms Of punish
mchts. In the days Of Blackstone thc
English law punished petit larceny
with death, and it cannot be show,
That the crime in question was then OF
less frequency than under tho mildc,
and more 6encfccnt penal laws Of the
nineteenth century.
Under the laws of South Carolina
the crimes Of murder, rape and arson
arc now punishable with death, and i,
Is fact most generally dcplorcd that
these very crimes are really, or at
least apparently, on tho increase in the
State. All the newspapers arc daily
and weekly crowded with sensational
accounts of narrowing and blood.
cnrdling murders in one portion of the
State, outrageous rapesin another, and
midnight inccndiary fires here, there
and everywhere.
a law "that knows no mercy is
supplemented too by what the mobs
caH "tiie' higher law", and still tho
deIuging tide of crime rolls on. Should
we not pause and seriously question Il
we arc not going hcadlong in the