The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-10-27
To the Members of the Legislature

MEssRs. EDIToRs: L beg leave, most re-
spectfully, to submit to the members of
the Legislature, for their careful considcra-
ton, few thoughts relative to the neces-
slty OF continuing the existence of the
system of District Courts In our opinion
the necessity for a District Court, or for
any court inferior to the Court of Common
Pleas aud General Sessions, ceased TO exist
when the Legislature abolished all those
laws known as the Frccdman's Code; and,
with the abolition of this code. we thinl,
that 1t is much TO be regretted that it. d;d
not, ut the same time. abolish the District
Courts. We will ask why was The District
Courts established? There is one. and
only one, reason can be given for their es
tabiishment, and that is, that the Legisla-
turc thought it necessary to have u court
separate from all others, and especially
fer the transaction OF all business relative
to the freedmen. do admit that. if the
code had continued to be the law OF tho
land, then the District Courts would not
only have been Indispensable but thew
would have accomplished much good: but.
as soon as the Legislature passed the bill,
Ia N"1!i'A HilCH WIN inc AcC OF Congress,
investing persons of color with all the
rights and disabilities of white persons.
then there was no longer u necessity for an
inferior and most expensive court. This
coUft, when 1t goes into operation. is
ophSed to create more trouble and be a
greater annoyance than any institution
ever before established in this State: and
1t VIII cost the people Of the State not less
than SS0,0G0 or 100000, The question may
very properly be asked, why are not the
magistrates in each beat, and the Court of
Common Pleas and General Sessions. suf
hcleht Tor the administration of Justice.
without the intervention of the District
Conrt? We answer, that these courts are.
or can be made entirely sufficient to trans
act all business, without adding one single
dollar of expense.
Our Circuit Judges are employed about
SIN weeks IN the spring and six in the fall.
making about three months in twelve. AMI
now, we most respectfully submit, that. if
the business OF each District cannot be de-
spatched III one week, where is the i,npro
priety III requiring the Judges to hold
court Two weeks in each District But we
have, nu'nbde dictm! heard some of the
Judges complain of being over-workod
with only three months of work. Win M
occaslonat application at Chambers for
pail We tGnk that the Judges. if they
are OF the opinion that the District ourts
VII diminish their work, arc mistaken. for
they must certainly know that the appeals
VIII be endless. And this very fact will
Justice III the courts. ANY man is in poor
business whom he has to prosecutr his
claims through o series of courts. and il
baii!ed at every step by the tricks of the law
yer ana the dishonesty of the versus party
Now II the Circuit Judges can transact all
or the District business, with tho assist
ahce or the magistrates courts, bv ho,dino,
court Two weeks in each District, then why
not abolish the District Courts. and oct
rld OF the great expense and trouble of
having L Dlstrlct Court four times during
thc year aud the Courts of Common Pleas
and General Sessions twicc?' These Dis
trict Courts will have in attendance. four
times during the year, grand and petit
Jurlea. just think of such trouble ana
expense, when it could all be dispensed
WITH, by requiring the Circ ait Judges to
mold cou"'f two weeks in each District.
me TWO most important objects in the cs-
taDllshmcnt of all courts should be to make
the attainment OF justice as cheap and
prompt as possible, both of which objects,
we think. are defeated by our present sys
TEN.
No person would ever have thought of
establlshl District Courts, had slavery
not been abolished; and the mere fact
OF the abolition of slavery most certainly
docs not make them even q necessity. mn
less we could use them especially for the
transaction of business relative to negroes
as was The object of the law originally cs
tabishing these courts. And, in addition
to the other objections, we might very
tfuiy ADD that most reasonable objection
to these courts is, their very extensive
jurisdiction, civil and criminal 1t is our
OPINION that the ORIGINAL jurisdiction OF
TINS court Will embrace more business than
the Superior Courts of the State. and thus
the greatest part of the legal business Will
come before an inferior and an incompo-
tent court.
III there are any members of the press,
or other persons, who coincide with us in
considering the District Courts q great
and unnecessary tax upon the people. we
hope that they viii express their views.
We are satisfied that there are but two
classes that will be benefited bv these
courts, and they are the dishonest man
and the LAWYER CITIZEN
The UP-SHor. 4, OOG, 900 of ne
Sroes, torn from their normal condi
ton, have been transformed into pau
pers, and the Northern laborinc
classes are mortgaged for 81, 900, OOO.-
900 to accomplish this stupendous
devlltry. Or, in other words. the
producing forces of the North are
loaded down with debt of 81, 600, :
600, 900 to destroy the producing
forces or tbn Snn+bi i.1.