The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1865-11-04
[FoR THE CHARLESTON DAILY NEWS. !
THE DISTRIGT COURTS.

|
provided in Section l. Article IT. that 'thc General AS
semby SHALL possible establish for each Dis
trict in the State, Inferior Court or Courts to bo
styled the District Court. the Judge whereof shall br
resident in the District. &C. which Court shall have
Jurisdiction of all civil cause .pt.y on. oy mr.; n,
parties persons Of toor; Gs a. a: c;imfa, cases
'o"c'e'n the accused is eysc coor snd the GescY,l
4SSc"oy IS emP""eTeato cne;a e jurisdiction oets sda
Ce2': to other Subjects"
This is new and novel Cout to Ie established and
one of vast importance. It's orga angaon and iurislc
ton should be most thoroughly considered, in every
Court have its jurisdiction, a. FIRST extended to other
subjects b than those enumerated in the Constitution
sons OF color concerned woaid give full occpaton
to any Court for while at Least. their demorazed
frict @ hns ooo blacks and bu 1000 whites Beaufort
blacks and 1000 whites orangeburg 900 blacks
whites; Rchland, COCO blacks liG 1000 whites Marble
rough Go9o blacks and 5000 wfins and Chester 6Ooo
tho State aIa amy Court viii have full employment to to
an tne cases wherein blacks are concerned,
how the OF this can extend to other
sve designed to have less number
PFoxidea & that he trial By arg as heretofore used in hs
except in those negroes and debts smsii and
party have the right to have his case tried
t to te any pasy et
who who may so demand One party the other every
| oil causes wherein blacks are concerned ~
In the trial Of negroes heretofore in this state mag
istrate and fve feehoders constituted the Court heard
jurors including the magistrate decided the case It
was an anomalous proceeding. It would seem to be
better for the Judge to decide points Of law admissi
blity OF testimony statutes SUM up before the
jury the points and testimony made then the Jury
to decde-in word take the same part as Judges Of
the Courts Of Common Pleas and General Sessions do
| cases tried before the Circuit Courts.
Should the Judges OF said Courts be SLOWED prac-
tce law in the Superior of the states II the ju
rsdicon extends only to persons Of color then surely
this Court from practcing the Superior cours be-.
sides, prohibited no lawyer of any considerable prac-
Court unless the salary ia to be higher than the State
ought to pay at this me and should be put in
this position except he has made the law his sudhe
competency of testimony troubles eminent Judges
what farce to have man not learned law to
of Magistrates and Freeholders have long been sub
ject of ridiclc with the bar An eminent Judge of this
these Courts on the grounds admitting .es
nmony, Of course the appeal must be sustained
of testimony Volumes have been written on the sim
subject OF evidences and only those who have made
Judge In deciding OH its competency new Court is
to be established all its rules and regulations to be ar.
aIen educated are Indispensable for this work
II done efficiently If not well DONE these Courts will be
! nuisance to the country, and mere puppets in the
hands OF skiful lawyers.
To what tribunals shall appeals be taken from the
! District Courts2
The Judges Of the Circuit Courts have moro to do
than can 10 accomplished. The dockets in many dis.
tricts have not been cleared for ten years
Is notorious fact that in districts persons sued
for debt on plain notes bonds who have no real
defence have appearances entered and pleas put in
that the case get the issue docket they
not reached for adjudication for This delay Of
their debs by law II appeals to be taken to the
Circuit Courts from this Court the whole allowed
some districts, especially If others than lawyers
Judges-for of importance would stop short
the appellate Jurisdiction, where tho bap has contempt
for the legal knowledge Of the presiding Judge; besides
peals any way. 1t Is deemed best, therefore, make
this last Court the appellate Jurisdiction In the first
stance That Court certainly has time to consider
| appeals than the Circuit Judges--and fewer appeals
| How should proceedings as to prosecutions and de-
fences be arranged in said Court for crimes? and what
! should be tho whole machinery Of the Court7
Tho State Will be compelled to havo O prosecuting at-
torney for crimes In each of the District Courts this
Is inevitable. Some form Of Indictment must be used
and the evidence drawn out by one, crime will
go unpunished Tho accused employs an attorney, who
uses all his ingenuity In defending Unless the State
similarly represented she will stand but poor chance
to punish and prevent crimes Then again. what is tc
become of negroes charged with crimes who toe
TO every individual of this class counsel cannot be as
signed, as in tho higher Courts, for 1t would in many
districts keep employed nll the bar. The State must
provide counsel for these also II they TO have fall
have Cerkssay the Clerks of the Superior Courts shall
act Clerks of the District Courts it would suft well
They have offices amply lnrge TO preserve the proceed
ings and keep them properly arrangedare familiar with
drawing and arranging juries, &c. The Sheriff, too
should be the same who Is Sheriff of the Circuit Court
and should keep similar books for OF similar na
ture as those kept for tho higher Courts They too
havo offices and plenty of time do the duties re-
quired either themselves by their deputies These
officers would have TO have pay for thor services pro