Historical Newspapers of South Carolina

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' ' ^'"/r ,1<w or .^jncoalwl in their I Tlr * *?* I in trit ' \ $*ach has beep sai&and written SB U *^|ut the pernicious habit of carryU \ \Acon<waled weapons/?? ? *\ V^\h Murders are greatly on the o ill InJCh mthftT ITaited. States, * V ^L?,>^ IhoBOuth and went, and jiflh Carolina stands in the front of States distinguished for bloodB*P^picd in time of peace. F* A The burning questions are, What 11 A is the cause and what is the remedy ? m/ The one is more easily answered than the othpr. Tim ?.uv |/iavuvu ui carrying ! ? the concealed pistol, and the read:-1 i s ness of juries to acquit, are the chief causes of so many homicides. To this may be added the habit of drink; but our people are no more intemperate than in the past, and to that habit I am not disposed unduly to attribute the alarming increase of homicides. The chief causes are J really to be found in the facility fur| nished by the nimble pistol, and the immunity from punishment' This last is after all the chief inducement, because if our people knew that punishment, sure and swift, would overtake the murderer, tho crime , would be greatly checked. The use , of the pistol, razor and dagger would j be less frequent if men respected and j feared tho law, as they certainly \ would do if it was rigidly enforced. r Then why is the law not enforced ? c Where rests the blame? Why are a homicides so frequent? Some say that our people ore wanting in edu- a cation and religious instruction : tne fact is, however, that we have more school houses and houses of worship, r more academies and colleges for ^ whites and blacks, than ever before; ?{ i the number of newspapers and periV odicals, secular and religious, in circulation among all classes, is far greater than iii jhp r--/- 1 ??? "* th we can correctly attribute the prevalcnce of homicides to a want of in- ln f tellectual, moral and religious training of the people. To some extent ^ it may be so, but no more than in 0f days when homicides were rare. c< If to suppress this crime, we are to wait for and depend upon the slow al process of moral suasion arising from e, the elevation of the masses through religious and intellectual training \\ and culture, society will long remain n, at the mercy of the assasin. Others p say the cause lies in the habit of e( drink and of carrying concealed j weapons. Our people are as temper- t( ate as ever in tho past, but do carry j, concealed about the person deadly weapons, especially the pistol, more generally now by 50 to 1, than be- c fore the war. The consequence is ? that a person thus armed is more apt j to become insulting and aggressive, ^ and more apt to resent in others a a harsh epithet by a deadly shot. In a other words he is more overbearing a - Attryself, and more inclined to resent a /th'e like conduct in others by shoot- 2 Jr ing them. Any legislation, there- j I ffore, that will effectually prevent, the . 40 /carrying of pistols will decrease the ( / number of homicides. We have a ( ! law against carrying concealed dead- ( j ly weapons, but it is not enforced, I and will not be, so long as men ore ( allowed to carry such weapons at all, , whether concealed or not. 1 The constitution of the I'nited States and of South Carolina guarL / antcc to the citizens the right to bear \ arms for the common defence. The second amendment to the constitu\ tion of the United States is as folwJ lows: *7 ' AHTICLE II. I "A well regulated militia being I necessary to tho security of a free I State, the right of the people to keep ft and bear arms shall not be infringed." In the constitution of South Carom lina, article 1, declaration of rights, I ' section it is expressed in the same I language, word for word. In the constitution of 1808, article 1, seC' tion *28, the language is : "The peo- I have a right to keep and bear arms H for the common defence." H The arms contemplated in these sections arc such as arc to he used for the common defence, and not for H assasination. Neither militia in time |H of peace, nor soldiers in time of war, H parade march, or fight with pistols, dirks, daggers and razors dangling Ituwu "" ITK?C ore ?ot 51,08 pookeu. dM bot? ' oomnion There to ?? ?2| oMketroi*??: i?rtnl?ed ?? *? KSiEiS!' "ut A Juu th?ic bini tgktha of tfirSfi^CwF^r? oommitta Why not abate th* jwfiance and c\ - J - w \m thi rnntiii by.absolut* iy prohibiting 4he manufacture, nl or Uaria* the >|>istot, th greatest of thy evils? Such a la 'WStild not infringe the rnrht to.befi arms for the (Cmmoti defence guai anteed by the' constitution, Federt and State. Each State of the Unio could pass a law, and enforce it fa more easily than a law against carry ing deadly weapons concealed abou the person. The Federal govern I nmnfc r>nnl<? oawJo lL- J " '* vvwiu vv/uiu tu tiic aia 01 CDi State by imposing upon the manuI facture and sale of pistols a revenue tax so heavy as greatly to curtail the traffic, if not to destroy it. If the congress of the United States and the legislatures of the States desiie to eradicate this curse of society, they can easily do so, and the people will sustain them in enacting ,the most stringent prohibitory laws on tho subject. To eradicate the evil is easier than to regulate it. Why is the law not enforced, and why do so many murderers escape conviction in our courts ? Are the judges to blame ? I think not. The udge has virtually nothing to do vitli the verdict, and is in no sense esponsible for it> The people in onvention have deliberately set him side in all cases of trial by jury. Under the constitution of 1790 nd the laws thereunder, our law ldges were invested with their propr functions. Like the judges of Ingland, they were elected for life r during good behavior, and had 10 power to aid juries in-rotckiDg a >rrect verdict by commenting topon le testimonv,_bftishig" <nrcr-ic?utfufe e sophistry of counsel, restraining icm in their extravagance, and hold- < " the jury to a strict and conscien"us discharge of duty. Lnder ieir wise ana tearless auministrauon the law for three-quarters of a mtury, the rights and liberties of le people were sacredly guarded, id the law was made a terror to fil doers, as it should be. From 1700 to 1808 South Carona was blessed with able and indeendent judges, who. invested with ower to do so, fearlessly administer1 her laws. In the constitution of 808, the judicial tenure was reduced > six years for a supreme court ldge, and four jears for a circuit ldge; and in article IV, section 26, ; was enacted that "Judges shall not harge juries in respect to matters of ict, but may state the testimony and ieclare the law." Thus was the inlependcnce of our judges destroyed, nd their legitimate power curtailed, nd thereby a great victory was ichicvcd by the criminal and his idvocatc. A dependent and muzled judiciary has little terror to the ?w hrpn.ki>r. For TO vears society >ai?l the penalty of this radical :hangc by experiencing a largely in creased number of instances of miscarriage of justice. In 1805, the native white people jf South Carolina met in convention for the purpose of framing a new and better constitution. An effort was made to restore to the judges the power, in trial by jury, to sum up the evidence and to charge juries in respect to matters of fact. This effort not only failed but resulted in depriving the judges of a part of that small privilego enjoyed under the constitution of 1808, to wit: "to state the testimony," and in section 20 of article IV., it is enacted that "judges shall not charge juries in re - /? /? . i . I ii 1 spect to matters 01 iact, out snnu declare tho law." This completed the victory of the criminal. Under the constitution of 1700, judges could charge jures in respct t<* matters oi fact, anO in summing up, teach them how to apply the law to the testimony as well as how to weigh the evidence Under the constitution of 18G8, the} were deprived of this power, am could only "state the testimony am declare the law," and in doing thi conhl be of some little assistance b the jury ; but under tho constitutioi of 1800, judges can only "deolar the law." I 1 Ibead \ criiP \te8t; Idef B I r 0] iR ' < ir ft Hsa&ff instances of the misr \SflTiageof justice occur. The judges il are not to blame. They are by tne n constitution shorn of their proper and r useful functions, and their influence < - reduced to naught. The jury is su- j t nrom o ^PkJ- ? . rv?w. xucft) is no one to snare - with them the responsibility of the 3 verdict or to aid them in reaching a - conclusion, and should they, as is > often the case, reach an erroneous > conclusion in their verdict of acquittal, there is no power under the con1 stitution to corect it. i But after all, juries are not as often > to b? censured for acquittals as people suppose. They are sworn to render a verdict according to the law and the evidence. The accused can testify in his own behalf.' His wife is likewise a competent witness. This was not the case prior to 1866. The ( man who will commit murder or any , grave crimo will not hesitate to per- i jure himself to save his life or his f liberty, if it be necessary. Often he > I is the only eye witness to the fact. c Against his positive but false testi- s mony, making it a homicide in self- r defence, the State can produce either t no evidence, or at best a few circum- d stances. Now in such a case, what n is the jury to do? Can they ignore h this positive testimony, false though * it may be, and declaro under oath h that the man is guilty beyond a rca- h sonable doubt? The average jury t will not do it, and the n eriorcd assas- f ii'iiii" wv? uv j people believe t not piove it beyond a x . doubt. How natural 0 a 1 bl T \ _i i.i i -1? 1 JUyilCIl S11UU1U UC1C OlVJJ ill anu laivu qj a band. He ignores iir his court sdccious argument of counsel, and ]a false protestations of the accused, and b< visits swift punishment upon the rav- f3 isher and assassin. a< Our forefathers were wiser in their of generation than we. Security to per- p] son and property was with them, as w it should be, the chief end of govern- w ment. The law breaker w as in their al opinion dangerous to society. They ir knew full well that he would readily c? perjure himself to escape punishment tl and hence they denied him the right jt to testify in his own behalf, and the ci opportunity of thus adding sin to in- g iquity. They clcrely foresaw that 0: one charged with crime would lie, n thus defeating justice and thereby en- a couraging lawlessness. Having an si eye single to the peace of society, ii they deemed it wiser to deny to man b !?.? i-inlit tr* toatifu .n 1,1a nan Iwlinlf ? thai; to visit upon society the serious fi consequences growing out of freqent t perjury. In trials, civil and crim- h inal, societyis experiencing the fruits u of what is supposed to be a more humane and Christian policy; to wit: s that of rendering competent the testi- j mony of a party in nis own behalf. ^ It is* a disgrace to an enlightened 1 Christian people that their laws and j courts of justice eannot be relied on ( to protect society from vile criminals, < and that the infuriated tnob must un- | dertake to do this work. Yet when j we come to examine the record of , homicides in the United States, we arc painfully impressed with the weakness of our courts of justice under the present system of trial by jury, and arc shocked at the number of executions by mob, they largely exceed the number of legal executions. Beginning in January, 1801, and i ending December Jl, 1800, there i were in the United States (15,000 11 homicides. Durinc 1801-1805 in F elusive, there were only 723 legal i executions and 1,118 lynchings. This r failure of our courts and rapid increase . of lynch law would be more startling j if the statistics of 1890 and 1897 were 1 added, but these I have not at hand. 1 The whole number of homicides res ported during 1891-1895 inclusive, o was 43,902?figures below rather ii than above true mark. In 1890, the e number was 10,052. Allowing 40 feet to a vehiole and 10 vehicles to How shall we corr mania? How does mother, England, pre answer is, by wise laws, sternly enftttsed, by a1 ent judges and law-ab specting juries, whose a no guilty man to escaj they in old England, judges*(we had them u rn.jcui.iuu 01 HW) JBf carrying of pistols, %n4 will stay bis hind^# must be content t? security to petson man carrying bis whilst he views ifithjh bloody work of thejnjtt be madeby^tW^^H boasted liberty, rtbe demagogue and his li?c 2rs will protest against t >ve cannot enact tfcyr loeietv, and institute c< vith the power, the wj lopendence to enforce ervo the shame and it esting upon us, and tb o life ana property to I laily exposed. EverV/ Iways have'(had, ana}; iave just as good govern rish or deserve to have.' j etter, we can have it. 1 st us accept the situation o complain. Again, our r equently &<firected. The judges amc, the fault is in tne ul laws. Prior to the consti w as to bail was the ;as corpus act inlie refathers of Engla? !t, bail was deman ' right in all case Iftinlv lind distinc* arrant and coram' as so charged, ba ale as a matter 01 \ the discretion o raid grant or rcfui le circumstances, c nlges were rosponsibl. tne cxeri?c of a wise, judicial0discretion ic ranting or refusing bail in all cases f felony, from grand larceny up t( rarder, and rarely, if ever, did the} buse this discretion. But in the con titution of 1868, article 1, section ltf ; was enacted that '-All persons shal cforc convicted be bailable by sui icient suerties, except for capital of enecs. when the proof is evident, o he presumption great, and exccssiv ail shall not in any case be requires tor corporal punishment be inflicted. In article 1, section 20, of tho cor titution of 1895, this same liber; >rovision as to bail is reeactcd in th lame words. So that sinco 18G! >ail for all felonies, capital or less i ;rade is mandatory, leaving no di :retion to thejudgo except incapit ;ascs, "where the proof is evident < die presumption great." Hence a persons charged with homicide cs demand bail as a matter of right, ar the judge is compelled to grant i unless the evidence submitted to tl judge reveals a clear case of murdc and this, owing to the carelessness coroners, is rarely over the cas Here again the manslayer has scor a decided victory in our fundamenl law. But this is not all. Ho b triumphed still further. Should be convicted only of manslaughb and a sentence imposed should confinement at hard labor in the Sb penitentiary for a period less than t years, or should such be the sentcf of the burglar, incendiary or ravish' he has only to direct his counsel appeal to the supreme court, anil matters not how frivolous the grour of appeal may be, the prosiding jut is compelled to bail the convict pel ing appeal, and this period of libe will be prolonged by his council the utmost possible extent under law'a delay. Under the aot of II careiui mm . i suctions with, nnu conauct towards ? each other, and would restrain the """ ) murderer. Our people cxporionoed r the wisdom of this rule of evidence - prior to I860, but since that time we , have been suffering the evil of its i repeal. *2. Absolutely prohibit the manu facture, sale and use of the pocket r pistol. c o. ltcstore to the judges the inl? dependence, jurisdiction and power enjoyed by them prior to 1808. i- It these changes are impracticable, il or unacceptable to our people now, e our legislators should press reform as 3, far as possible in this direction, which n seems to me the surest road to oers tainty of punishment, which is the al surest provontative of crime. )r J. H. Hudson, ill, Bennetsville, Jan. 0, 1808. in ,<] BLCKLEN'S AIINICA SALVE, jl The best salve in the world for cuts, i 1 bruises, sores, ulcers, salt tjheum, fever 116 sores, tetter, chapped hands, chilblains, 'f* corns, and all skin eruptions, and posiof tively cures piles, or no pay required. It ie is puuranteed to give jierfect satisfaction i or money refunded. Price 83 cents per etf box. For sale by F. C. Duke, tll?I as Mrs. M. B. Ford, BuddelPs. 111., sufhc fere^J for e'ght years from dyspejisia and ,,r chronic constipation and was finally cured .'' I I)v usina Db Witt's Little Karly Risers, tfio famous little pills for all stomaoh ?n?l liver troubles. For sale F, C. ;cn Duke and Lockhait Mills, ice er, Mrs. Marv Bird, Jlwrisburg, Da,, says "My child is worth millions to roe, yet I .. I would have lost her by croup had I not \ invested twenty-flve cents m a bottle of l4*a One Minute Cough Cure." It cures Ij&c coughs, colds and all throat and lung nifv troubles. For sale by F. U. Duke and \ T^o.khftil Mills. \ZV ? I One Minute Cough Cure cure? quickly. .i1? B That's what you want! For sale by F. *84 A C. Duke and Lockhart Mills. | V*. in both " hats now <>tew Hat, ;f..-LOTHINfi Oi.. ' hz.r " V ONLY :3o: DAYS.I For tlte next thirty days we are going to offer our entire stock in every line at actual coat. N< .v we don't mean to advertise at cost, and when you come to buy, put on a little profit for this, and a little for that. We mean actual cost on any goods in the store. DURING THIS THIRTY DAYS SALE No Goods Will Be Charged To any one, neitlier will goods bo sent on approval. During tlte post season we did a good business, yet we have a large stock left on hand, consisting of Clothing, Overcoats, Mackintoshes, Capes, Jackets, Blankets, Gofcsferta. Press Goods, PriaU, Outings, Flannels, Jeans, Slwetlng, Shirting, Shoes, Hats, Shirts, Notions of every description. Trunks, Valises, Crockery Ware, Glass Ware, Tin Wore, Wooden Ware, Millinery Goods and many I other things that we Imven't space to enumerate. Nothing in stoek will be reserved during this sale. Everything must go at the same price?COST. Do hot wait to attend this Hale, come at once and aecure some of these BARGAINS Before your neignbor gets tlrat pick. Remember everything is spot cash to every one. Mc LURES. DR. H. K. SMITH, Qj . -J )KIM I IK ^^ . '! '''v" 1