The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1865-11-08
The District Courts.

ticle III, that "the General Assembly
shall, as soon as possible, establish, for
each District in the State, an Inferior
Court or Courts, to be styled the District
". the District, &c, Which CNAoS.. ShaN ha=s-
jurisdiction of all civil causes wherein one or
both the parties are persons OF color and
OF all criminal cases wherein the accused
is a person Of color and the General AS
sembly is empowered to extend the iuris-
diction of the said Court to other sub
jects."
This is q new and novel court to be es-
tablished, and one of vast Importance. It's
organization and jurisdiction should be
most thoroughly considered, in every as;
pect, before adoption OF any rules. Shall
the said court have its jurisdiction, at first,
extended to other subjects than these emu
merated in the Constitution
It would seem that to adjuicate matters
wherein persons of color are concerned,
while ut least, in their demoralized, and
soon to be disorganized, condition. Cole
ton District has 19, 600 blacks and but 5000
whites Beaufort, 10000 blacks and 1000
whites Orangeburg, 10000 blacks and 49,
600 whites Abbeville, $4,000 blacks and
1900 whites; Richland, 5000 blacks and
1000 whites; Marlborough, 5000 blacks and
5000 whites, and Chester 5000 blacks and
1000 whites. Such is about the proportion
In the State, and any court will have full
CHiT1oy " III Luc CnSeS
wherein blacks are concerned, however
continuous their sessions. But it is diff
cult to see how the Jurisdiction Of this
court can extend to other matters, if it is
designed to have less number Of Jurors
than twelve. Section T. Article TX, of the
Constitution, provides that ''the trial by
jury, as heretofore usedin this State, shall
be forever inviolably preserved in all other
cases, except in those of negroes and debts
"small and mean"-every party have the
right to have his case tried by jury Of
twelve of his peers and the clause Just
cited &c inviolably preserves" that right to
any party to suit who may so demand.
One party or the other to every suit will so
demand. Better then make the jurisdic-
ton of the District Courts extend only to
the adjudication of all causes wherein
blacks are concerned.
What part In the trial Of cause shall
the Judge take ? In the trial of negroes,
heretofore, in this State, q magistrate and
five freeholders constituted the court,
heard the cause IN cases of crime, and the
! gistrate, decided the case. 1t was an
anomalous proceeding. 1t would seem to
| be better for the Judge to decide points of
| law, admissibility OF testimony, construe
statutes, sum up before the jury the points
and testimony made, then leave the jury to
Judges of the Courts of Common Pleas
| and General Sessions do in cases tried be-
fore the Circuit Courts.
Should the Judges of said courts be al
lowed to practice law in the Superior Courts
of the States? If the jurisdiction extends
only to persons of color, then surely there
can be no good reason to prevent the
Judges OF this Court from practicing in the
| Supel lor Courts besides, if prohibited, no
lawyer of any considerable practice would
accept the office of Judge Of the District
| Court, unless the salary Is to be higher
than the State ought to pay at this time :;
and no man shonld be put in this position
except he has made the law his study-the
competency of testimony often troubles
eminent judges. What farce to have
man n MOI not learned in the law to decide points
OF law and competency of testimony
Courts OF Magistrates and Frecholders
have long been a subject of ridicule with
the bar. An eminent Judge of this State
once said, after hearing an appeal from one
OF these courts, on the grounds of admit
appeal must be sustained, for Masis-
trates' Court generally decides wrong on
| legality of testimony" Volumes have been
written on the single subject of evidence ;
and only those who have made the subject
their duty can approximate doing justice
new court is to be establiehed, all it's
! rules and regulations to be arranged and
| construed, and it's proceedings systemized
Men educated in the law are indispensable
for this work, if done efficiently; if not well
done, these courts will be nuisance to the
country, and mere puppets in the hands of
skilful lawyers.
To what tribunals shall appeals be taken
| from the District Courts
The Judges of the Circuit Courts have
more to do now than can be ACCOMPLISHED
The dockets in many Districts have not
been cleared for more than ten years 1t
is nortorious fact, that in some Districts
persons sued for debt on plain notes or
bonds, and who have no real defence, have
appearances entered, and pleas put in, so
where they are not reached for adjudica-
ton for years. This delay of justice pre-
vents many creditors from trying to collect
their debts by law. If appeals are to be