The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1880-11-04
Judge Kershaw on the "Code.v
Ia his recent charee 10 The Grand Jr

Ia his recent charge to the Grand jury
of Spartanburg County, Judge Kershaw
spoke in reprobation OF the Practice OF
duelling in this State, and suggested as !
measure for the protection of society the
enactment of the following law by tho
Legislature at its next session:
'That, in addition TO the oath of Office
now required, each officer, before he en-.
terra upon the duties Of his office, shall
take and subscribe an oath, that since
the ratification of this Act he had not
done any act which would disuuaii.
fy him from holding Office, under the
provisions of Article /, Section 81. of the
Constitution or this State, and that he
will enforce, the laws a9ainst ducllinp,
To the best Of his ability, in cyery in
stance of their violation which may come
20 his knowledge, and employ ali legal
measures in his power to prevent such
offenses."
The Judge goes OH to say: "Ifthe duel
is to be tolerated ut all, 1t is due TO our
people that 10 should be openly legalizcd
and regulated under the law, aud the
Code of Honor, SO called, in some form
spread upon the statute book. - =
II tho duel were thus sanctioned by the
law, and this form rs haaiiciie lecsIized.
We wonId at least comprehend the necessi-
ty of training our sons from infancy to the
ekilfui I've OF the pistol, reverse our eth
ical sy ,em, and omit from the Lords 9
prayer so much as doth teach us to do the
deeds of mercy" This is q capital re.
ductio ad absurdum. The force of Judge
Kershaw,s words. however, is weakened
If not. destroyed, by the following sen.
tences in his charge:
80 far as concerns past ofleuses Of
this nature, while courts and juries must
perform their fall duty and vindicate
the violated majesty of the law, offenders
may well plead ct the bar of Executive
and Judicial clemency that they were
tempted to the wrong by the criminal
blindness of the officers Of the law, and
the silence Of the Toice OF the people,"
The trouble is that Judge Kershaw,
like a great many other good people, while
honestly anxious to put atop to duel.
ling, is unwilling to make o beginning in
earnest. The laws we already have are
quite sufficient TO stamp out duelling il
the courts and juries and the officers oi
tho law were not criminally blind"
to their sworn duty. Much rs we esteem
Judge Kershaw, we fear that ne cannot
inspire confidence as the lender of the
crusade against the duello. The public
have not yet forgotten the brief career OF
"The Anti-Dueliing Society of Camden"
of which Judge Kershaw was President,
and in which he was the moving spirit.
They a.-o &c: foTgottenthc excuses made
for tho Society when it failed at the frat
.opportunity to carry out its solemn pub.
lie pledges, nos she fact that the Judge
Qor good rensons, il may be, resigned tie
Presidency when there was real work to
be done. The recollection oftheso things
ia not calculated to add force TO Judge
Kershaw's charge in Spartahburg. Ifthe
crime OF duelling is ever to be suppressed
in the South, it must be resolu,eiy tracked
and sternly punished just l,ke any other
vulgar crime. One duellist In striped
suit will do more to check this species OF
murder than ell the fire phrases ofj::dsses
and moralisls.--Neacs and Courier.