The news and herald. (Winnsboro, S.C.) 1877-1900, 1880-10-23
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"7IIEaGODE Or HGSDR ~

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N "7'XECODE Or L0SOR.n[
charge Delivered by Judge KersJ,a,y In
tne arsndsJury Of spartanburg,
,5, Gentlemen Of tho Grand .Ju,w :
Coming as you do from the body Of
the county and from the bosom Of the
people, and representing oil classes of
tho community, it is within your
province to bring to the notice of tho
Legislature such grievances rs YOU
may find to exist and to suggest to
thcn the enactment of such measures
as'in your Judgment may serve to cor
rect them. Similarly it is within tho
province Of tho Presiding Judge to
call to your attention any practices
tending to q violation of the laws. and
believed from their Importance to
merit your consideration. 1t is cs-
pccially lis duty to do SO whenever
hc has reason to believe thut any Dor
ton OF tho criminal law is habitually
violated and fails TO be enforced.
When last presided at this Court,
called to the attention Of your prode-
ccssors the prevalence Of crimes of
violence and bloodsllcl resulting from
the habit Of carrying concealed deadly
weapons upon the person. l have
reason to believe tlnt this unworthy
custom has greatly diminished in the
number and responsibility Of it's fol-
lowers, and there has been in consc-
qucl.ce q corresponding diminution I'm
crimes resulting thcrcfrom. There
are evidences, also, that public scnti-
mont has been sufficiently aroused
upon this subject to insure tho adop.
ton of such laws rs may be required
totally to remove this fruitful cansc of
criinC, SO detrimental to the best in
forests Of tho people.
Public attention has been recently
drawn to consideration Of
THE LAWS AGAINST DuELrSC.
and deem it my duty, as n ma ,istratc
and conscrvator Of the peace, to law
before You some views of that subject
the substance OF which had tho honor
TO present for the consideration of his
ENccllcncy the Governor last year in
an official communication, rcspoctinU
The statistics Of crime, invited by him.
Ihcrc does exist a necessity for further
Legislation to secure tho enforcement
OF these laws. IN order to be abreast
with the progress Of The most cnlimht-
cncd nations, 1t is necessary that This
offence against the law, human and
divine, Shall cease to exist among us.
The first and highest duty OF tho State
is TO protect the lives Of her citizens.
All other subjects of legislation arc of
secondary and minor Importance to
this. In proportion as a State tulfills
this chief duty, she takes rank among
enlightened nations. II is With great
pride that the people Of South Carroll
na can refer to her statutes and laws
rs placing her among the foremost in
inns respect. On the particular sub
.lcct OF dueling, she has not only main
tanned intact, the stern mandates of
the common law, which pronounccs a
intal duel murder III al concerned,
but, since 1911, has, by her statutes,
prohibited every such offence by heavy
pcnaltics.--Ihcsc statutes were the
result of an agitation Of the subject
begun in 1908, under the lead of that
distinguished officer of the Rcvolu
tionary Army, Maior-Gcncrnl Pinck-
nev, cmincntly supported by the
Honorable Society of the Cincinnati,
under whose auspices petitions were
sent to the Legislature containing the
names Of thousands Of gentlemen,
"thc very pink and flowers of the
chivalry Of the State. Her later laws
have manifested a marked advance in
the same direction. The constitution
Of 1868 declares that "Any person who
shall fight II duel, or send or accept a
challenge for that purpose, or be an
alder or abcttor in fighting u duel,
shall be deprived of holding any office
OF honor or trust in this State, and
shall he otherwise punished us the law
shall prcscribc." Laws have been
passed providing such further and
adequate punishment, the penalties of
which arc amply sufficient to prevent
the offence, II properly enforced.
No matter from what source this
constitution and these later laws came,
they arc characterized in this respect
by The highest Christian civilization.
That constitution is the supreme law
OF the land; the expressed cmbodi-
ment OF the sovereign will OF tho pco-
tiS VI soottil NUlollltts ulu upon IL
rests her whole system of iurispru-
dcncc and her organic existence as u
State. Every member Of the General
Assembly, and every other officer of
the State holds his powers and authori-
ty by virtue of this constitution, and
is sworn to "support, protect, and
defend it,"
The Governor under It assumes the
sworn duty to "takc care tlnt the laws
bc faithfully executed in mercy"
Every citizen owes implicit obedience
to this constitution and all tho laws of
the land. No man, or class of men,
may rightly disregard them.
Nevertheless, it is wcll-known that
the inhabilions Of tho constitution and
laws in this respect
HAVE BEEN FREQUENTLY VIOLATED
without effort to enforce the n against
offenders. This Is not, in my opinion,
because these laws are not approved
by the people. On the contrary, am
flrnIy persuaded that vast majority
of Them cnnlntOp tbn ,),o1 ~