The Camden journal. [volume] (Camden, S.C.) 1836-1851, 1839-12-07

which deeply concerns the state, What
course it olrht to pursue, to secure an eX-
elusive lien by the removal OF this lncun-
brance w.acl stands in its way. 1t was
i.y duty to give You the information; it be-
longs to your wisdom, todecide the course
vou o;lG,Gt 10 take.
The Judiciary system since its last re-
organization, secals to perform is tunc-
tons in ln:aacr aasWcTa5e to the cx-
pectations OF the Legislature. Yet it seems
t, me. that the systcmwouidbe mere com-
p!ate. by the creation Of inferior courts
The former trial AMI rejection of county
courts in the STATE, is not a TAR test, by
which to condemn them. They We're
then but partially use'l, and only in the
upper country. The little progress which
this portion of the state had then m1lc IN
intelligence, was calculated to expose them
to contempt and rniiculn. But now, u
different state Of things exists. ani these
useful Institutions, which prevail in every
state il the Union except this, would be
fund valuable auSiIiarics iii the admnis-
trat:oa Of justice, and in the managcment
OF the police of the districts. Ii adopted,
the duties now performed by the Ordlna-
ries, might be advantageousIy transferred
to these Tribunals. They should be vested
with Jurisdiction to limited amount in
cases of contracts, and misdemeanors.-
and all the powers now exercised by the
commissioners of the roads, the poor, ana
public buildings, should be vested inthem.
The trial by jury, is Justly esteemed a.
nlongSt us. as one Of the b;rthrights Of free
men. aDd is by Or constitution, jcalously
guarded against invasion. it Is 4 strong
defence against usurpa.io2 or oppression
in public prosecutions; and III the decision
of private rights usually affords a tribunal
impartial, and at the same time imbued
with useful portion of the ncighborhood
feeling and intelligence. But, in proper
ton as the institution is valuable, and
high i'll public favor, should be the care ta-
ken to render it perfect in its operations.
Its necessary tendency, is to dcvlations
from that exact uniformity Of decision,
which, III like circumstances, would rca-
der to ovcry one the Ike measure of ie.s-
ticc. and as lar as practicable, without 'la-
due restraints those deviations should be
circumscribed. Whether this injurious
tendency may not be mcreasedby thevars-
ous habits and tempcrs Of various Judges,
and how far, if at all, it would be well TO
control the discretion of the Judges, in
their summing up Of facts 10 JurIes, are
questions left to Your wisdom to deterunne.
So, also. is the question, whether i: il ex-
pedIcnt to attempt any means more cfi""-
tnal, than the practice III appcG:.s, II csr-
rect the errors, which under the best CIR
cumstances, iuries often commit, in mat
tiers of mixed law and fact: Or sometimes.
even in pure matters Of facts committed to
them. Our provision as to the drawing OF
juries, seem well adapted to guard against
the partiality of summoning officers. and
TO secure panel above suspicion; but 1t
still sometimes happens, that a party isl
obliged to submit his case to iuryraon from
one o. more of whom, he has reasons for
apprchending injustice, although he can
make no challenge. upon icg@l ground,
diiu Il NCIOlCl - ltliitStCti. WHICH W ~>SA'>
have been materially altercd,by tine change
of one, or at most of two iuryncn, from
which all reiefby appeal, is hopeless
Whether, without any material change in
the practice of our courts, the right might
not be given to every party lltigant, to
strike without cause. one or E'1re OF the
iurymen from the list offered him, | also
present, as a question for your consdcra
ton, with belief on my part, that such a
right, might be conferred with great adj
vantage.
The public executions Of capital often
tcrs,i all exhibition, which is believed to
exert an injurious influence upon the
minds and morals of the people. The
,errors, with which such scenes should
strike the beholder, is often converted in
TO sympathy for the supposed sufferer,
whose exit has sometimes the appearance
IF sort Of triumph utterly inconsistent
with the horror, which should be inspired
by the crime. In all cases, The imagina-
lIon would invest the dread sanction oflhe