The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1865-11-08
fencea To every individual Of this clas

fence9 To every individual of this clas
council cannot be assigned, as in the
higher courts, for it would in many Dis
State must provide counsel for these also,
If they are to have full hearing before
the courts. THESE courts too, must have
clerks-say the Clerks Of the Superior
Courts shall act az ClssEs oStksss " "
Courts-it would suit we'll. They have
ings, and keep them properly arranged
are familiar with making up dockets and
keeping minutes Of the courts, drawing
and arranging juries, &c. The sheriff,
too, should be the same who is Sheriff Of
the Circuit Court, and should keep similar
kept for the higher courts. They, too,
have Offices and plenty of time to do ali
the duties required, either themselves or by
their deputies. These officers would have
to have pay 1or their services provided for
otherwise chan by costs, fines and fees
for in most cases parties in this court would
never pay anything--b being vagabonds.
Then, what number Of Jurors should con-
stituto panel to try case?
In the Magistrates Court for the trial Of
negroes, heretofore, five jurors and the
magistrate made up the court; and i'll ar
ranging the District Court, it is supposed
that six jurors for the trial of a cause will
be sufficient; have twcnty-four jurors sum-
moned for term; two juries empanelled
OF six each; allow limited challenge, and
dict, which is only signed by the foreman,
as in the Circuit Courts. A larger number
OF jurors would make it very expensive to
the State, and exceedingly onerous on the
people who have to act on q court which
must sit so often.
All of these officers of the court-iadCcs
clerks, sheriffs, jurors and attorneys, for
prosecuting crimes and defending ac-
cused-must be paid by the State, and
fines and forfeiturcs and costs paid into
her trea asury, when collected. Negroes in
terests in crops could be forfeited by the
court to pay fines and costs, and the sheriff
could attend to receiving from employers
the same, and sell as under executions.
This and what amount could be collected
otherwise, would, to some extent, reim-
burse the State Treasury.
How often, and at what times should
the District Court sit?
1t would seem that four terms each year,
quarterly, to sit at each term until the bu-
slness prepared Is completed, would be
sufficient. Let the judge in each District
| fix tho times for the regular terms as he
may think best, in order not to conflict
with the Superior Courts, or embarrass the
officers OF both. The judge could, also,
call extra sessions, If, in his opinion it
became, at any time, necessary. In civil
| courts, writs to be sued out to one term
| and served ten days before, and the cause
heard at the next, or continued, for good
cause shown. Six of the twcnty-four jurors
| summoned, and not impannelcd, might act
as general jurors, at each term, clothed
with the same duties as those for The Su-
perior Courts. All applications for bail, in
| capital charges, against negroes, be heard
by the judges; in other cases, by the ma
| gistrates, as usual, who should act, in cases
of negroes, for the District Court, as they
now do for the Circuit Courts. The clerk
should be ec 0ticio commissioner of bail, in
| civil cases, for said court, with similar
powers as now for the Circuit Court. In n
word, all the practice of said court should
conform, as nearly as possible, to that of
the Court of Common Pleas-the officers
| OF said court having, as to negroes, similar
Jurisdiction and powers as the officers Of
the Court of Common Pleas and General
Sessions have over citizens.
| 1t is further suggested, that the pay of
| the judge and other officers of the District
| Court should not be uniform in every Dis
trict in the State, but should be graduated
according to the number of negroes in each
! Notwithstanding to the work likely to be
2,50O negroes, while Colleton has 19, ,oO0-of
course, the judge for Pickens should not
| be paid as much as the one for Collcton;
Lexington has 3,700, while Marlborough
has 6,OO0-therc could be no justice i'll
paying the local JUICES of said Districts
more than half the persons within his jul
risdiction than the other. Say, pay judges
in Districts of over 10000 negroes, twelve
hundred dollars; of from to 10000, one
thousand dollars; 4 to 1000, eight hundred
dollars, and Of under 1900, six hundred
dollars-graduate other officers in same
proportion.
Thus it will be perceived Glat the plan
here sketched proposes to conform the
proceedings of these courts, as near as
possible, to those of the Circuit Courts. If
any thing like this should be adopted, it
would be source of considerable expense
to the State. But where n court, having
exclusive original jurisdiction over nearly
half OF the inhabitants of the State, now
turned loose in almost a state of barba-
rism, is to be organized, and their only