The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1889-11-27
For The TIMES.
Trial bv Battle. "

:
"Irial by battle is an old law which
was established by that necessity
which we think demands it to-day.
The church of God and the temple of
human justice differ one from the
other very widely indeed. The. one is
perfect, whilst the other is not. and
can never be. '',i'rial by baltic is
nothing more or less than due!ling.
Aud luelling is but the laying of
ones life upon the altar Of honor, IN
iaenced rather by pride than by NAL
ice, aud cannot we think be murder,
as honor and pride only represent
self-respect, whilst malice is one-sided
and criminal, and represents murder
| Governments we think should never
transcend their respective bounds
When they legislate against malice
they should pursue that line Of legis-
lation only, and not attribute to NAL
ice that which we are forced to per
ceive can only result from wounded
pride and iusulted honor. The I'M
written law of necessity governs,
guides, and shapes all of our just
wars, and also our duels and self
defcnces. How then can any nation
Justly punish her citizens for obeyiug
the great law of necessity? Ii na-
tions have the right to obey the un-
written law Of necessity, individuals,
we think, should enjoy the same priv
ilege What is criminal in the one
we think is certainly criminal in the
other Their tendencies are the same,
and their objects are Identical. The
strength of nation does not entitle
her to more justice than the weakness
of the citizen has a right to expect
and demand. What high toned man
would wish to be such baby as to
run to our courts for protection? Let
refined justice stand firmly upon the
field OF honor as did our great Nc
IDufie. South Carolina is our COM
mon mother, but shall we be forced
to run to her whenever one of our
toes are tramped upon for redress
No! never! Malice is a base princi-
pie, and it's possessor should be Sc
verely punished. Wounded pride is
honorable, and we think should be
allowed outside of our courts to de-
mand redress. What punish a man
whose only fault is that he is brave
and noble enough to give honorable
satisfaction to another, who Is equally
as brave and noble? What! punish
him for putting his life in Jeopardy
only for his honor, when his State and
country would be proud indeed to
have him do the same for them :?
What is his honor not as dear to
him as is that of his State and coun-
try to them?
"Trial by battle" we think is not
only a freeman's proud right in all
free governments, bnt that it is per-
haps one Of the best peacenakers in
the world. When men fight for their
honor none are involved but the prln
cipals themselves, and such a law can
not fail to teach the great importance
of that which is due from man to
man. 1t also has tendency to keep
down civil convulsions. rs honorable
2.en are always more than willing to
fight for principle as we'll as for honor
1t would make men more careful IN
debate, and would wonderfully guide
the pen, and put new song III
mouths of the inaiscreet. We would
scorn to be popular at the expense OF
"the rights of man. a duel is a
combat between two men, provided
both parties believe they are in the !
right, and they should be sworn be-
foye they are allowed to fight. If one
(or both OF them believe they are i'll
the wrons) of course there IS malice,
and murder naturally follows as to
one or both, as the case may be. Hon-
OF does not sanction wrong; neither
does the law of necessity. The man
who would obey The law of necessity
should also bow to the rule of honor.
Courts OF honor should decide moth
ing at all, but act only rs peace
makers. Honor demands that princl-
pals should not draw Others into their
troubles, except for the peace OF the
State.
We also hold that no man has a le-
gal right y engage at all in duel, in
violation Of the law against it. ODE
dience to law does not sanction such
a course, however mach necessity may
demand it. David acted rather as a
christian soldier than asa duelist. No
honorable man would insist upon un~
fair distance or unusual weapons.
Fair play or ''the rule Of right actu-
ates and governs all men who wish to
be just in their thoughts, feelings,
and actions All natiols have the un-
doubted right to enact what laws they
may wish to have, whether such laws
harmonize with the rule of wrong OF
'the rule of right" But such right
is just only when might follows 'thc
rule of right" When it aaheres
to the rule Of wrong the result IS
tyranny. 1t is quite impossible to
nave free, just, AMI nerciIul govern
ments when men are intrusted with
too much power. Then even little
fish will be taught to proclaim them
selves for the sake IF their bread and