The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1858-10-06
J. f. RUTLEDGE.
For the Lancaster Ledger.
The Magistrate Laws of South Caro-.
lina


Mr.. EDITOR although your humble
correspondent scarcely hopes to effect any
thing like reform, by writing on the subject
that heads this article, he believes that il
may attract the attention of some one who
will take hold Of the matter aud treat il as
it deserves. In every state in the Union,
as far as my knowledge extends, wherever
any person is arrested by virtue of war.
rant, whether il be peace warrant or n
warrant Tor Assault and Battery or wha,
not, the prisoner is brought before the Mag.
lStratc, and his defence is heard, before he
is committed 10 prison or required to rec.
ogniHe. lf the matter Of the warrant is
not subst"ntiUicd by the proof hc is set n,
| liberty, but the fact is quite different in this
state you or any person san 20 before Il
Magistrate and swear the peace against mn
individual aud if he is not able 10 enter in
to bond he il sent TO prison for twelve
months, without any trial or proof further
than bare affidavit, which il oflentimes,
the effect of i'll will OF malice, although
tnc drponcnt asserts that il is not "doue
with view to vcX or through malice"
In many of the States if n man urfortu.
n"teIy Kills another, he i, spared a long i'm
prlsonm"nt, by having the matter invcslga-
ted before he is committed, bu, in this State
this accused is sent TO Jail until n Grand
Jury passes spon his case. In cases of
murdor or manslaughtcr this ma" be right
enough, hut in cases Of Assault and Battery.
or in violation Of the peace the practice is
oppressive.
We Will state case and make il appear
very plain that eur Magistrate Laws are too
vague nnd oflsntimes oppressive. For in.
stance, difficulty arises between 4 and B.
IN which supposes he is insuIted or in
Jured by B, whereon he tells B if he does
not make aDends no viii make him do so,
Is probably IL weak vessel or perhaps n
co""rdly wretch, he runs forthwith 10 u
magistrate and swears no is afraid that
will do him some injury and prays n war.
rant the Magistrate, believing it to be hi.
duty and having no particular ,a.se for
doubling the oath Of d grants The warran,
by which A Is arrested and forced 10 give n
bond. or if he cannot get bail, no goes to
Jail one year and one day In this matter.
B may have been nt fault nil the time, bu,
knowing the law Of our State and knowing
too that a was n hasty tempered man, he
seizes the opportunity TO harass his neigh.
bor, and all the redress ho can have is 10
90 and swear the same before the Mapis-
trate, and he will grant warrant to ar
rest B.
And sometimes it happens that one is
caused by another, to swear against the
third party. This is practiced very often in
our State, A is probably afraid of or envies
Is, but having no just grounds to swear
against him he procnres & TO swear for
him aud thus through another party he is
made TO suffer until the warrant expires or
until Court when he can bring his case be-
fore the Solicitor.
This, indeed is hard upon many and
ought to be remedied. but how can il be, il
the question. Maybe some one will exam
ine the Law and see If remedy cannot be
applied Yours respectfully,
c.