The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1853-03-02
Communications.
FoR THE LEDGER.

Mr.. EDITOR In looking over n late num-
Der of your paper, Uhe Lcdgcr0 I find that
writer over the signature of" Justice" has
animadvertcd with some appearance Of sever
ity, Qor it is only IN appearance, there is no
real screrity, It is shadow without a sub
stancc) on the proceedings Of a certain Mag.
sitrate's Court, convened at Camden some
time since, for the trial of certain slaves char
ged with capital offence. Inasmuch us the
writer has placed the Magistrates and Free
holders in n false position before the public,
you will, / trust, indulge me in replying
briefly to the Communication.
First, then, why was the court holden at
Camden, n distance Of twenty miles from the
place where the offence was committed.
I'd. Simply because there WIS no quail
fed magistrate nearer the scene of action,
(Russcl Place. than Camden, hence, the
court was there holden.
Justice says, " the slaves were found gull
ty and sentenced, one TO forty and the other
to sixty lashcs, once every week for four
weeks A mistake. The sentence is five
weeks Imprisonment the one to receive six
ty, the other forty lushcs on the bare bck
each week confinement in cell, re-
ceiring nothing ip tho way of sustcnance du-
ring the period of incarceration, but bread
and wate5 and at the expiration OF the time
their owners nrc required TO Danish them
from the State. -
Justice also says that "the Get under which
negroes arc tried for offences of this kind,
expressly declares, that any negro who shall
assault or beat any white person, shall suf.
fer dea,h-not be whipped, imprisoned, or ta-
Ken over the line, but shall suffer death
Nor he continued :: F" do we find in any law
OF IN tgistratcs, that slave m ~ be tried for
capital offence, and punished for less.--
The act of 1851, nm act additional to and
explanatory ofthe net Of i74o, (un,icr which
the prisoners were thed,) rcposes expressly,
in the magistrates and Freeholders, on the
trial ofany negro under the net Of I74O or
1851, the power TO mitigate the punishment,
and make II something less than death, where
any favorable circumstances shall appear,and
induce the opinion on their part, that the
punishment should bc mitigated. This doc.
trinc is also laid down in the law Of Mages-
trates, in ONcal's digest of Negro Laws, and
has been holden in at least ono decision on
the net. Reifercnces-to net of 1851, page
425, sec. 10. Presslcy's compilation of the
Law Of Magistrates, Pags 46s, SIC. s. o.
Meals Digest of negro Laws, page 20 Sec 5,
and ease reported. to wit:
~ df.Sn IT. ~ Il c,.
law reports, page 27s, where the principle IL
dietineiiy recognized.
Again says Justice :---s The act pro-
vides that the Jury shall consist Of eigh free
holders, and that they be drawn from the
neighborhood where the offence had been
committed, but strange enough. the jury
were residents Of Camden, twenty miles dis
tant and moi all freehoiders."
Another mistake. The act Of 1889 pro-
yides:
That all offences committed by slave,
orfree person Of color, shall be tried before
Magistrate and five frccholders, and the
Magistrate before whcsa tha COMPLAINT ia
made, shall summon eight neighborng free.
holders, (neighboring to the Magistrate un.
questionnbly) TO attend at time and place
TO be designated, and on the day of trial tho
free negro, owner, oycrsecr, or other person
having the care and control of the slave 10
be tried, shall be permitted 10 select Ave from
the eight freeholders to sit upon the trial.-
References, 10 Act Of 1899, Page 81, sec. "a.
and Pressleys Compilation of the law o
Magistrates, Pagei6s, see ., fre frseholders
then, not eight Is the number required. In
the case at present before as. Eve from eight
ffeeholders sammoned, were selected By the
counsel for tho defence, were accordingly
empanneIlcd, and tried the case The inry
IL Ia true, were residents Of Camden, and fur.
ther. they were all Jrssholders, not single
ercepfioH. They are men, too, entirely sen. !
sible---keenly alive 10 all the responsibilities
deyolsing on them as eitizens-the solemn
obligation imposed by their oath land ;vdo.
ing the man from the character Of the comm.
nication) fully as eompetent Al kaa both IN
head and heart 70 the tssk Of sdmIui.ier-
justice TO the prosecuios. { the msfortunate
isdividaai whose lie was iminenily periIed
and who, according to Justice, has roceiyeaf
no satisfhciion At The hsnds of tho cour,.,-
To ths dsfsadsnts. to ali parties, a. Js.siee
would have been himsclg had ne eonaslsss
tea one ef f,,s ;6f,