Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1880-11-04
KERSHAW ON DUELING.

KERSHAW ON DUELING.
At the recent term of Court at Spartan
burg, Judge Kershaw had the following to
say to the grand jury on the subject OF duel
ling:
Public attention has been recently drawn
to a consideration of the laws against duel
ling, and | deem it my duty as magistrate
and conservator of the peace, to lay before
YOU some views of that subject, the substance
of which | had the honor to present for the
consideration of His Excellency, the Govern
or, last year in an official communication re-
specting the statistics Of crime, invited by
him. There does exist necessity for further
legislation to secure the enforcement of these
laws. In order to be abreast with the pro-
gress of the most enlightened nations, 1t IS
necessary that this offence against the law,
human and divine, shall cease to exist among
us. The 6rstand highest duty of the State
is to protect the lives Of her citizens. All
other subjects of legislation are of secondary
and minor Importance to this. In proportion
as State fulflls this chief duty, she takes
rank among enlightened nations. 1t is with
great pride that the people of South Carolina
can refer to her statutes and laws as placing
her among the foremost in this respect. On
the particular subject of duelling she has
not only maintained intact the stern man.
dates of the common law, which pronounces
a fatal duel murder in all concerned, but
since 1912, has by her statutes prohibited
every such offence by heavy penalties These
statutes were the result of an agitation OF the
subject begun in 1903 under the lead of that
distinguished officer of the Revolutionary
army, Major General Pinckney, earnestly sup
ported by the Honorable Society of the Gin
cinnati under whose auspices petititions were
sent to the Legislature containing the names
of thousands of gentlemen, the very ""pink
and flower" of the chivalry of the State:
Her later laws have manifested marked
advance in the same direction. The const
tuition of 1868 declares that any person who
shall fight duel, or send or accept chal'
lenge for that purpose, or be an alder or abet,
tor in fighting duel, shall be deprived OF
holding any office of honor or trust in this
State, and shall be otherwise punished as
the law shall prescribe. Laws have been pass
ell providing such further and adequate pun
ishment, the penalties of which are amply
sufficient to prevent the offence If properly
enforced. No matter from what source this
constitution and the later laws came, they are
characterized in this respect by the highest
Christian civilization. That constitution Is
the supreme law of the land and expressed
embodiment of the sovereign will OF the peo
ple of South Carolina, and upon which rests her
whole system of Jurisprudence and her organ.
ic existence as State. Every member of
the General Assembly and every other officer
of the State holds his powers and authority
by virtue of this constitution, and is sworn
to Support, protect and defend IT," The
Governor, under it, assumes the sworn duty
"to take care that the laws be faithfully exc
cuted in mercy"
Every citizen owes implicit obedience to
this constitution and all the laws of the land
No man or class of men may rightly disre-
gard them. Nevertheless, it is we'll known
that the constitution and laws in this respect
have been frequently violated without effort
to enforce them against offenders.
This is not, in my opinion, because these
laws are no: approved by the people; on the
contrary, am fully persuaded that vast
majority of them condemn the duel on moral
grounds, and earnestly desire to be protected
by the State from its pernicious effects. They
are fully aware that they prejudice the State
and its people in the estimation of the civilized
world cause them to be misconceived and
misrepresented, and tend fatally to obstruct
their material prosperity and moral advance
ment.
These offences spring from sentiment OF
supposed duty and privilege, which is confined
to u very small class Of our people, class,
however, possessing great honor and influence.
From its ranks chiefly are taken our states
men, legislators, members of the liberal pro
fessions and leaders of society. TO this fact
is due the quiescence and seeming supineness
and indifference of the opposing sentiments.
Hence the reluctance of private individuals
to undertake prosecutions against the often
ders of this class Hence, also, the failure in
these cases of peace officers and Others to see
that the laws are faithfully executed, as their
duty requires But this is a government "o'
the people, by the people and for the people
No class, however honorable or influential,
should be permitted to set at naught the con-
stitution and laws of the State-the organized
EXPRESSION of the will of the people, So far
as concerns past offences of this nature, while
courts and juries must perform their full du.
; ty and vindicate the majesty OF the law Of
tenders may we'll plead at the bar of execu-
tive and judicial clemency that they were
tempted to the wrong by the criminal blind
ness of the officers of the law and the silence
of the voice cf the people 10 such plea
the ear of mercy would not be wholly deaf.
But for the future, gentlemen Of the grand
jury, it behooves the people to demand OF the
Legislature security for the rigid and ample
enforcement of these laws. If such be your
opinion, and you should desire to give: it ex-
preston in your preseutment, would, with
great Difference suggest measure which
think will afford the protection demanded.
Let the Legislature enact as follows:
THAT in addition to the oath Of office now
required, each officer before he enters upon
the duties of his office, shall take and sub:
scribe an oath that since the ratification OF
this Act he has not done any act which
would disqualfy him from holding office un:
der the provision of Article l.. Section 80, of
the Constitution of this State and that he
will enforce the laws against duelling to the