Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1841-05-06
FROM ths Suuth CarClinidn.
WHAT Is TIE REMEDY -!

W Hal 10 he RE NJ ELI
Times are very hard, aud every one
seems fully sensible oiit The question is
frequently asked, What is the remedy! !!
Experience has taught us that labour aud
economy are the only sure remedies; tof
when The people depend most upon the
Banks, u serve them, they are sure 10 be
The most disappointed. But ii will take
lime. with labuur aud ecunomy, TO clear
the country OF debt; and the grand ques-
liou is wha, means should be adopted that
will be promptly beneficial to the coun-
try! The people are indebted TO each other
aud 10 tue Banks; and as there appears
TO be a general necessity of settling up
forthwith. | would recommend all the
lorbearance possible, and then cast about
for some remedy for those who are urged
by the laws OF the counlryto the payment
Of their debts. The greatest evil IN our
country. mex, 10 the Indebtedness ol the
people, ID the .nornous amount of money,
paid IN the shape Of fees to public officers
for collecting debts. | am not one of those
who believe that officers should no, receive
a fair compensation for The amount Of la
bour they are required 10 perform; but
believe the Judiciary system of our State
is cut up into 100 small parts. The Coun-
ty Court system, SO strongly recommend
ed by Governor McDutfie, did not meet
The appreciation Of the Legislature; neith-
er, perhaps, would it suit the convenience
of the people; the great objection, and the
only essential one to that system, being the
expense and Inconvenience Of attending al
the Court House on every occasion, when
Magistrates, distributed all over the Dis
rrict, would answer the purpose. We want
The benefits of the system, without the ex-
pense aud Inconvenience, and the object
of this communication is to point out .
plan which | think would answer. and ]
submit il to the people for their considera-
ton. 1t is this:
That Magistrates be compelled 10 hold
their Courts periodically-say monthly
OF any Utuer sum- tess Ut rTUre, 50 as 70 De
near thai amount and abolish the Summa-
nv Process d. cket in our Courts. Make
the Coustables elective; reduce The num-
ber hoth Of Magistrates and Constabes; [;
require summons to be served Is days be-
fore the sitting of The Court, unless the
plaintiff makes affidavit that he is in dau-
ger of losing by The delay, when special
Court can he had and the debtor be requir-
ed to answer forthwith, or enter into re-
cognizance for his appearance, as may be
deemed most suitable; the defendant to be
allowed Eve days to file a defeuce and de-
mand a jury, If lie wishes ono. Ii howev-
er, he cutters defence, without demanding
a Jury, notice Of the nature of the defence
migl, be served forthwith upon the plain
liff, and il he wished might demand "A jury !;
The expenses, Of course, 10 be paid by The
unsuccessful party; the Jurors 10 receive
no comp nsation. IL might he objected
that men would not like 10 serve in the ca
pocily of jurors without compensation; but
The saving. 10 the community would more
than compensate them for that service. l
would further provide, that The privilege Of
a Jury should noi be granted unless the de-
mand exceeded twenty dollars, as hereto
fore; and il lnig hl be proper TO have Sc
parate docket for cases under that sum.
The time of service, and mode of trial, in
such cases, to be as heretofore. The Court
to he one ofrecurd, in oil instances, 80 that
executions would bind properly. | would
further provide that execution on any sum
over twenty dollars, should not issue for
sixty days Tor any o'her named time so as
no, 10 make the system o2pressive,) after
judgment given with the privilege OF an ap-
peal 10 Court, as heretofore.
will now try to give some of what |
conceive The advantages to be derived from
such a system. In The first place, at fair
compensation TO all The officers concerned,
when no jury is required, the cost Of ma
turing au execution would not exceed three
dollars, while at present, the cost on Sum.
Pro. cases, is from seven to ten dollars.
Anolher advantage is that by relieving the
Court Of General Sessions of the Sum.
Pro. cases, the time occupied by those
Courts would be reduced and the Circuits
mighr bp extended. and The number of
Judges sle>Sen,,i-wlIir would he saving
to The State, and consequently, secure in
trlsrnt and trust worthy men 10 fill those
Offices. which is rn' tho case nj present.
Sn far as the office of Constable is con-
cerned. we a.e now under The painful ne
crssiy of seeing almost the very lowest
characters filling that Office. which Of itself
is a disgrace 10 the present system.
think men will see. with little re-
heclion, that the requirement 10 serve as
jurors, is not so burtlleusome as at first
sight would appear: for instance, while
man may be required 10 serve as juror
in January, it may be his misfortune 10 be
sued in February, and in tina, case, he saves
in costs from FIVE 10 seven dollars by the
system, which far more than eompensates
him for the service rendered as a juror.
He would also have less time 10 serve as
Juror in the Court of General Sessions.
It may be said that the person whom
the people would elect as Constable, might