The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-24
The South CarOliOa Negro Code.
from the CaRrlesfup Courier ruiv Is


The Fhmily Friend Darlington, s O. u'ges reform az
regards trial Of persons Of color No dis
TOO often overlooked by reformers-bu the present
and practice are attacked for the following, among other
reasons
eve object too the by which this class Of
population tried for capital sohenoee tie 10 notorious
fact that magistrates hot learned IN the law this,
SELF Is enough TO unit them preside q court
before which human being co,ord though lie be- stands
upon trial for his fe Nor Ia this ALL Toe magistrates
ects eight freesoders from the ne!ghborhood in which
me offence 10 charged TO been committed out OF
which aumber the prisoner or his master selects fve
When consider that negroes tried Immediately az
will at once be apparent rhese freehoders come from
the REICH oorhoot-thay excited cnraged probably
their minds crowded with all Kinds OF and in
nine cases oct OF ten they not TT 10 ait upon the trial
Every lawyer knows how hard Is 20 have justice done
TO before OF these courts snd knows, that
it ia owing TO the composition fhe court to the crcum
stances under which assemblies and the law whic
givee il discretionary power and allows q majority Of it,
me nbers to control its Judgment.
at really seems 10 that ali human beings, when
charged win an offence the punishment OF which DEATH
should be allowed equal privileges Life As sweet to the
servant IL is 10 the MASTER eternity viii be long
TO the other, and good WHY a
should enjoy those ad sanages which the
him do believe sny be assignef for not
fixing the amount Of punishment be inf cted for differ
10 a, We had better hang the poor negro than 10
sheId ourselves by tue law and whip hi N to death
eve have been induced to make these remarks by hay
ing eeen recently &C counts OF Two trials OF for
murder IN this Sse In the first instance, negroes
tried and convicted Of murder bot using the power
invested in statute the Court reduced the punishment
from death TO imprisonment and whipping imposing,
thought at the time, very mild sentence"
Our editorial Ehmly Ftiend seems not 70 have settled
very accurately or clearly the and reasons of OBJ
jecaon may be inf, red from the general
objections that the present Law defective obnoxious
in two PARTICULAR
l. Tha, it leads to excess Of punishment
q That 1t does not punish enough.
In state more Than Others perhaps, Is important
that should and appreciate practical admins
shon and operation IN correction OF ard comparison with
satpory directions or details. No accurate conception
respects, by mere quotation OF laws, 70 words alone
and without the correct and constructive version and
application gwen to these avs by pra uce and siminsra
ton. THIS habilual and insncEve reliance and re
corrective adm n.s,rE,on, found prevail
generally proportion TO the recognition and operation Of
"eoodly heritaren-the common ia w-~hch a bs-
CTS South Carolina has adopted and ned great
tent Hence Il occurs that even intelligent and unbiased
students and Observers under The influences OF other
tenn often led In endesvor ne appreciate
system and practice in judicial administration and
sasea or word. and details Statutes asu
We dc not design now, at any time, unlimited and
absolute defence or system OF penal laws DO. the
suggests tself admitting hn1 cons de
rstioDs which should be estimated by eli wis would
male that syetem. Tbeec considerations may readily
plain why II e confes.edy difficult with 70 procare
change or amendment In statute law, and still more,
change from the common law argumentAtive oh
ectons TO the words or details OF the law long a. s
pra,tca administration under all the corrective Influences
OF Judge, Jury and her officers meets and satisfies In
substance sound and healthy opinion.
nent objections be urged considerations OF theory
and verbal ~ ninety against our penal code, regards
all classes, and In some respects strongly against
rome laws affecting the colore dreedsn In practice and
opera,on however the coseti observers viii admit that
nese 90 ecops do no work agans, the defendant but
The contrary IN his favor.
We think may DC stated practical differences from
the general tenor of administration practice under
oodeexcludpe Of course such OF anomalous aud
violent excitement a. would defect the application Of any
code-thst-
negro killing negro, ai>rls passi1us Ia less liable
Dffal n ma No hnaE HAL
citizen.
white mar killing negro, 10 more liable TO conviction
cf murder and less accessible 10 executive interposon
than who mas killed fello~ citizen. We aIude, Of
70 10 either instance OF killing under crcum
s.ances OF few and Eight provocaNons.
negro oien and II q slave, We may say Always en-
joys advantages which only 10 be estimated from
practical observation Of system ops and appi
cation and not from a specification Of statutes There
dscrim nation indeed and very naturally and necessarily
90 bot AK ali who have observed cr minal trials
babusy, whether the Discrimination does not culIy
favor the negro (slave) and whether such prisoner
trial docs ofen enjoy and receive advantages that
could not be available fer citizen 10 his condition.