The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1877-09-06
the administration Of Justice are required
to be conducted with the utmost .pub blici-

ton therefore to this rule of publicity
tolerated by our law is the secrecy which
rules the deliberations of the jury room
lit is essential to the due administration
of justice, and, when duly considered, ,-ii
free from all objections. It is necessary
to secure the independent and free ex.
preston of opinion by both grand and
petit Jurors in their deliberations, -and
any attempt to Illustrate it, OF any disclo'
sure in violation of it, are highly repre-.
hensible, and should be always exposed
and duly punished, for without it the in
tegrity Of the trial by jury cannot be pre-;
served The fountains of justice would
soon become polluted, and the powerful
and unscrupulous would tyrannize over
their innocent victims under the forms OF
law. In the case of a grand jury this
secrecy is essential for another reason
If the testimony on the part of the State
produced before you were made known
to parties accused, criminals might resort
to corrupt means to secure immunity
from their crimes, or in any case know
ing the testimony against them while
their own was kept secret, they would
have such an advantage as often would
defeat the ends Justice. I cannot too
strongly impress upon you, therefore, the
necessity of guarding yourselves upon
this point, and under no circumstances
to be entrapped into any expression
which could be construed into betrayal
of the confidence of the jury room.
Your obligation also requires that you
present no one for any hatred or malice,
nor leave any unpresented for fear, favor
or affection, reward or hope of reward ;
but you shall present all things truly, as
they come to your knowledge, according
to the best of your understanding. The
meaning of this is so plainly expressed
by the admirable and perspicuous words
employed, that any comment would tend
to obscurity: There are some circum-
stances, however, to which | deem it my
duty to call your attention in this con-
nection.
In all governments of the people there
will be differences of opinion upon the
conduct of public affairs, varying accord
ing to the intelligence, character, habits
of thought, social life, business and sup
posed interests of men. It is impossible
so to conduct government as to satisfy
all its constituents. On the contrary, the
best that the wisest statesmen aim at is
to preserve just equilibrium between all
great interests and secure the greatest
good of the greatest number. Even if
this were ever attainable there would
still be q large number of malcontents,
whose peculiar wishes had not been pro-
pitiated, and possibly for the want of in
telligence to see that the best practicable
had been done, majority of the people
might remain dissatisfied. But expert
ence sadly teaches us that governments
are seldom controlled by the best and
wisest men, and hence there is always
more or less of just grounds of complaint
on the part of the people. Moreover,
since men are sadly under the influence
of emotions purely selfish, there are al
ways many who covet positions of honor,
profit or power held by others, and as
the most ready way of obtaining Office
they assail the conduct and measures of
those in power. Combinations among
the people, either with the malcontents
to assail the administration, or with the
rulers to sustain the constituted political
parties, are always found in free govern
ments. 1t may be said to be their nor
NAL condition. They are not wholly to
be deprecated. On the contrary, they
constitute one of !he best securities we
enjoy against misgovernment. The peo-
ple as whole always in the end gravi-
tate towards the right, and no party can
hold power which does not deserve the
confidence and support of the people.
The true patriot will be with that party
which in his judgment best promotes the
country's good. Ordinarily, therefore,
there need not be, and there is not bound
to be, such bitterness Of party spirit as
affects the relation of men in social life,
the affairs of business or other private
and personal relations.
Unhappily, gentlemen, it is not to be
denied that circumstances have made the
people of this State the subjects of par
tisanship unprecedented in its fierce in
tensity on either side. 1t does not be-
come me here to refer to the grounds of
this unhappy condition of things, either
on one side or the other. The general
fact, which will not be denied, is all that
I would call attention to.
The opening of this present year wit
messed the advent to power of party
which had enjoyed no control over the
administration of affairs for ten years.
and the surrender of Office by a party
which for eight years had welded all the
powers of the State.
The government had been the heritage
of the one party from their ancestors
while the other derived its powers from
military conquest. The one denied the
other either capacity to rule or virtuous
purpose in seeking power, while the other
assumed the reins of government with all
the arrogance of conguerors. The one
party was prescribed politically-the
other socially. To these all-suficient
causes of bitter antagonism was super
added that supreme cause-that the par
ties were separated mostly by difference
of race, caste and color. To recover the
control of government so long lost te
them, the party now in power raised the
banner of equal rights, home rule, honest
government, retrenchment and reform
A conviction of the necessity for change
of administration brought to their sup
port many thousands of their former ad
versaries, and they were installed int
Office and entrusted with the high duties
and great responsibilities which I It. thei i
avowed principles as well as fidelity tt
the people devolved upon them.
One of the necessary steps of the thres
hold of reform was evidently the expo
sure and punishment of past abuses. Th'
General Assembly therefore at its recen
session adopted concurrent resolutio!
to appoint a joint committee to investi
gate and ascertain whether any imprope
Or Or illegal use had been made Of the pub
lie funds or credit of the State, and b.
whom, and to cause legal proceedings t.
be instituted against all persons implica
ted in the same; to ascertain whether tn
transactions of the commissioners of tn
sinking fund were legal and valid