The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1900-04-11

again and again endeavored 10 pass law
and have passed variety Of laws, but the
are dead letters, and dead letter law ls u
self teacher OF lawlessness, and unpunisf
ed violation OF law eats like cancer Into tn
body polite. Are we to confess our inabilit
7 to take hold of this frighLful evil and to touo
extent moderate it? This is land OF church
of young mems Christian associations. an
all the means and appliances for Christian
religion In all varieties and forms, parhap
TO q greater extent than any other civiliZe
land, and yet In this year OF 1900 our recor;
to-day cannot com pare for moment Will
the record OF ancient Egypt OF three thonsant
years ago, for IL was then the boast OF Egyp
that "in times of peace none OF our citizen
carry arms"
And here In the year 1900 am safe In say
Ing that the majority of the youth OF on
country carry arms. No doubt there Is 6
difhculty In the way or our legislatton-uul
Constitution-the Federal Constitution-sec
nres to the citizen the right to carry arms
but IL surely cannot be contended that tht
i little. devilish pocket pistol, the hip pocket
| the coat pocket, the vest pocket pistol, wal
Constitution when they secured to the citizen
the right to carry arms. These wise father
OF the Republic never intended to leave as 9
legacy to posterity 80 bloody curse. Thai
constitutional provision had relation only to
the character OF arms then carried By the
soldiers in defence OF their country and the
hnntsmen> on the plain-muskets, rifles
swords calvary pistols, carried. as brave men
carry their arms, openly. The disbolioal
had mot yet grown into exlstanoe. It was to
preserve the right TO defend home, property,
person and family, and TO defend the coun.
|tryi and the right to hunt game. IT,
that the constitutional provision was insert.
ed. He Will be W1ae man and ben efactor
TO his State who can suggest TO the Legisla.
ture some law that can grapple with this evil
might be framed making TIA heinous and
seriously punishable ohence tot otmannfacture;
sell or buy or use or possess pistol under q
certain and 6s sEs smIEhs p
the person, and thus put a stop IL g large
measure TO the cafrytnE of conoealed deadly
weapons. II something like thigt cannot be
done. then all that isleft for ms 20 DO ia 70 edu.
the juries and 10 Danish from the minds OF
the youth Of the country and the men OF the
country the diseased notions OF self defence,
numb OF homicides and rid our land OF this
awful curse. ~. .,
have already referred to the fact that
sometimes jurieB are condemned for what are
failure TO do what was expected. The jury
system has been very much discussed Of late
throughout the State, and In some parts OF
the State has been condemned as being not as
even pronounced a failure. IN my
opinion such condemnation is altogeth.
er undeserved. Our jury law, our, sys
tenn Of trial by Jury. is good II only carried in.
commissioners shall choose 50 many names
In their respective counties, men well quail.
fed TO serve as jurors, men Of sound 1udg ment
and Of good moral character; there is no
sufficient number for every term OF Court
men ofgood moral character, sound Judgment
and well qualified to serve as Jurors. II the
names OF such men are not put In the box 1T
fault of the Jury com missioners, who arc nm
worthy of their ff1ces from whatever cause.
The remeny for that is to impeaeh the jury
commissioners as unworthy 81 their Nigh
ask for achange Of the jury law. IL bad
men are listed and their names put in the
Jury box, It is needless TO look for good men
70 be taken out ~ ais ~. as,fs = s
tection OF the poor man against tyranny and
oppression. Its the bulwark OF our liberties,
especially In q republican form Of govern
ment: the protector OF the weak; against the
we have. It does sometimes misoarry. but it
II human TO err; that is no reason why the
cry should be raised to abolish the system OF
trial by jury. Men who decry one miscar.
riage ofJustice seem to forget that there are
nal and civil side, IN which Justice is done.
Twelve honest men, fairminded men, Of ordi.
nary intelligence drawn from the ordinary
walks Of life to try q case In Court. That lis
vised that can be compared TO 1t as q rneans OF
doing Justice between man and man, and on.
ly corruption can destroy or injury the jury
system. = - y. y M
In connection with the enforcement OF law
and the proper administration OF justice I
trust shall be pardoned II + draw attention
to another matter, what Ia the granting Of
pardons. And what say has NO, reference to
our present excellent Chief Executive. But
IL is the system which subjects him and SUBJ.
jected bis predecessors TO the persecution OF
petitioners, compelling the Governor to try
again cases which ought to be left settled In
convictions Of the juries. What is Ii; the - bis. M
tory Of criminal cases, especially II the defen.
dant be a white man. and fs convicted? II
his case be appealed to tho Supreme Court,
and the appeal be dismissed, that is not an.
end of 1t. Instantly his friends. sometimes
bis counsel, although 1t does not fall within
their province todo 80; sometimes his counsel
and al ways bis friends go 70 work TO get peti.l
tions signed for mercy, and the Governors
and In many cases there is no good ground
for the exercise OF Executive clsmenoy, but
simply the purpose Is to work upon the sym
pathy of the Governor, and In too many cases
OF the petitioners, and set the
convicis free, upon ex parte statements In
many cases, without the knowledge OF the
Judge who tried the case Or the solicitor who
prosecuted II. The pardoning power is q ne.
cessary incident to the Office OF the Chief Exc
cutive, but 1t is q power to be exercised In
very rare cases and never TO be exercised
except when there Is clear proof that there
has been miscarriage OF justice, that the ver-
dict has been found upon per1ured testimony
or there might be some excuse where the con-
vict Is dying OF q mortal disease. But there
should never be q successful appeal made to
the Governor 70 pardon ont ofRympathy, and
the pardon should never be granted simply as
a result OF mportuntty. 49, .j'f-..-.
The new Constitution provides for the crea.
ton Of board OF pardons. do not think any
Act haa been passed to carry that provision
into effect. Gentlemen, ID would aid very
NJ uch In the administration ofjustice II such
q board were created Nothing tends more to
REDUCED crime. TO deter criminals, than the
certainty OF. punishment Such . board
should be created; not only to relieve the
Governor, but in the interests OF Justice and
10 relieve the Governor Of the wrong and anx-
ety and trouble to which system OF perse-
cution by petition subjects him. -.
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