The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1874-04-02
The BaStardy Law.

We notice among the criminal cases report
ed at the last term of the court at Greenville,
says the Walhalla Courier, that two cases of
bastardy were tried, one resulting in acquittal,
the other in conviction of the parties charged.
We had believed the law as it now stands was
dead letter, as in 1872 Judge Orr, at Pickens,
virtually so decided, as he had previously done
at other places. We will not say that the de-
cision so rendered was correct or otherwise, not
having investigated the subject. Believing the
law a bad one, furnishing premium to prosti-
tuition, and at the same time failing utterly in
its pretended benefcent purposes, we were con-
moving on without suffering the evils and
pairing public morality or exposing private
to the country. In the case at Pickens at the
July term, 1872, Judge Orr granted an order
discharging the prisoner, on the ground that
the Court Of Sessions if any Jurisdiction, had
only Jurisdiction on appeal, and in the course
of his remarks intimated tbat as conviction
in the Court of Trial Justice would impose a
penalty exceeding the jurisdiction Of that
Court it could not try the case. The Constitu
ton gives to justices Of the peace, individually
or Jointly, as the Legislature may provide,
original Jurisdiction in all cases of bastardy.
AS yet no provision has been made to carry
this into effect, the Jurisdiction of Trial JUS
tices being limited to S100 as to actions on
contract or tort, and also penal offences pun
ishable by fine only. We quote the above
from the Courier after Pickens Court in July,
1872, as our then recollection Of the views of
the presiding Judge.
We presume from the trial of cases at Green
Vile, that Judge Cooke takes different view
r IL h,,t o;r11,
statutory offence, it would seem more conso-
nant to reason, that some court should have
jurisdiction of it. At any rate we can deplore
the existence of such a law, and express the
hope of its repeal. On the proprety of bas-
tardy law, we subon the following extract
from an editorial in the Greenvlle Republican,
which perhaps better expresses our views than
we could ourselves:
"There is, however, class of cases which
have most immoral and pernicious effect
upon the community, and as we can see no
good resul: to be derived from them, it would
in our judgment be wise and well if they were
done away with. 1t is impossible that case
of bastardy should be tried without drawing to
the Court room throng of men and boys who
come to gloat upon the lechery of the testimo-
ny, and who 60 forth with thoughts of evil
and perhaps their minds poisoned; certainly
not improved.
"The avowed purpose of this statute is to
Supporting the child, and if the paternity is
established by verdict of guilty, the father is
required to give bond for the protection of
the county, and on his failure to do so, execu.
ton issues. If the execution be returned
nulya bona, it is practically the end Of the mat
ter, except the saddling upon the county, of a
heavy bill of costs, and this is generally the
result We believe it were far better that
these costs should be saved, and when necessa.
ry that the county should support the child
until it can be bound out, rather than suffer
the moral detriment to the community. The
incentive to prosecute is invariably either the
malice Of jealous woman or desire to make
money out of her own shame, and the testimo-
ny is necessarily unreliable. A proper statute
for the punishment of adultery might subserve
public morals, but the bastardy law is in its
every effect demoralizug and Degrading and
such we must believe is the judgment of every
right thinking man who attended the present
session."