The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1889-06-05
The Judges Charge. and His PO1if-
ical Speech.

Judge Hudson, delivered all excellent and
well-timed charge to the Grand Jury on open
ing the court last Monday morning, and near
its close he made a political speech of perhaps
half an hour, the drift and tenor OF which,
while well-meant, really must have had the
effect of ilcsscning public respect for the
courts and the laws of the country. He de-
precated the Jury system which rcQures
unanimous consent to render n verdict in amy
case, and:suid that single hale juror might
starve out and force the majority to an ac-
ouiescence in his own view. He did not pro.
vide for the possibility of the minor
ity being right. He assumed that the
minority were either stubborn or corrupt.
He also recommended to the special atten-
ton of the Bar, little book on the "jury
system" which had fallen into his hands, and
in the questionable views Of the writer of
which, he fully concurred.
Judge Hudson is one of the ablest and
most correct Judges that we have ever had on
the Bench in South Carolina, and we cannot
but feel Il regret that he should have departed
from his official duties in an effort to intu-
ence public opinion on questions about
which the ablcst jurists of the world have
differed in the past and may well differ to-
day.
AS q political question. 1t might be well
TO alter our jury law, but we are not convinc-
ed OF the advisabiiity of the proposition.
The Press cnd Banner would stand by the
old law now and forcver-and any citizen has
Just as much right to an opinion on the sub
iect as has judge on the Bench.
In the legitimate discharge OF his duties as
Ia
when delivered from the Bench, as did Paul nj
the feet of Gamaliel, but when he desccnds 10
the dcmain OF politics he gets on dead
level where every man within the sound OF
his voice is his equal, and where every man
is entitled to his own individual opinion.
Even admitting that his criticisms
are Just, the grand jury have no power
to alter or nullify an existing law. Such
speeches would do we'll on the hustinSs,
when Legislators are to be elected, or they
might not he amiss IF delivered before
Legislative body, but in q court OF justice
they are out Of place. In his official capacity
a Judge is presumed to administer justice
and TO uphold the law.
The criticisms OF our courts and the never
ending changes in our laws have had demor-
alizing effect upon our people.
Let our Legislators quit tlnkcring with the
laws.
When this is done our people may learn
something of the laws, and our Judges ma.
teach the people to respect the law. The de-
cisions of our courts, which may be contrary
to, common sense, and which may put
strange meaning to the simplest words in the
language, is enough to demoralize our pco-
pie, but when judge on the Circuit Bench
assumes to aSSail the bulwark Of our liberty,
the inviolability and the stability OF our jury
system, then no man can predict the degree
Of CONSERVATION and decentralization that
may follow.
Have we no law which Is sacred from the
touch of the Legisator?-
We speak in absolute and perfect respect
for Judge Hudson. Our criticisms are OF
his politics. which are not u part Of his off
cal duties.
A Judge on the Bench might with equal
propriety give his opinion of the agricultural
college, and his views of the Farmers
Alliance. Weare quite sure If he had refer
red to the international conference on the
Samoan affair he would have been equally
interesting and instructive as when assailing
the jury system which has existed ever
since the establishment Of good govern
ment.