Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1866-12-05

sions, could be employed with other business
not requiring the aid of Jury. The jury
duty now exacted will be very onerous on tht
people, and, as the law stands, it cannot bt
performed at an expense Of less than eighty
4 thousani dollars per a1num. The molifca
/ ton sns gested would reducethe expenses tc
4 onethird of. that sum, forboth superior anc
] inferior Courts. The expense, to the Treasu
ry, of Juries might be dispensed with entire
ly, by taxing Jury fee in every case tried
An traEeises and imparlances should be ao
rogated in the District Court; and all indict
ments recognizances and other papers, in the
Superior Court, not disposed Of, and in which
jurisdiction is given 70 the District Court,
should be transferred to the District, and
made valid, as if originally returned to that
Court. The District Boards should bo re-
quired to make their annual returns to the
District Judge; and it should be made the
dutyof the latter TO examine the same, and
to enforce the law against them for mislea-
sance malfeasance, or neglect of duty. When
the DistrctlJudge is interested in auy case,
civil or criminal, of which his Court has cog
nizauce, it should be. transferred to the Supe.
rior Court for trial. The Court should be
invested with exclusive jurisdiction, in cases
over one hundred dollars only where the con-
tract, express or implied, between the em
ployer aud,employee, is for agricultural labor.
The law noW providesthat prosecutor, who
institutes frivolous or groundless prosecu-
ton, may be adjudged to pay the costs Of
suck prosecution. This is an ample safe.
guard against groundless prosecutions and
the law should be so amended, that the party
making complaint beforea Magistrate should
be granted a warrant, upon his own recogni-
zauce, to prosecute, without requiring secu-
rjty. To require, security to prosecute, is
to deny justice to the poor, the Ignorant, the
dependent and the friendless. These are the
classes that it is the peculiar province of the
law TO protect those who have wealth and
friends, can readily secure the protection of
the law.
Doubts have arisen whether the Superior
Courts OF Law can take cognizance OF any
offence committed by person of color, under
the clause in the third Article of the Cousti-
tuition, which declares thatthe District Court
Shall have jurisdiction of all cases.in which
person of coIoris interested, or to which he
is party. The Civil Rights Act: passed by
the Congress OF the United Statcs which
must be respected and obeyed until pro-
nounced unconstitutional by the Supreme
Court of the United States, gives the person
of color the same rights in all tue Courts,
State as well as Federal, as are enjoyed by
the white race; and so long asiwhite persons
are triable only in the Superior Courts for
felony, the same privilege. must be accorded
to persons of color, Notwithstanding the sup
posed prohibition in the State Constitution,
as-the Constitutional the United States, and
the laws passed in conformity thereto, is the
supreme law of the land. If the Civil Rights
Act should hereafter be declared uaconstitu-
lional by the Supreme Court, or should it be
repealed by Congress, the question under the
State Constitution might then be full of en-
barrassment.
- 49, CRIMINAL LAW. ~
The sestablisqnaeS. Z sos r Reaitent!aryreq eqnifes
material changes in the punishmcnts imposed
in the Criminal Law. Murder, arson and
rape, should be punished by death. The
numerous catalogueo of felonies punishable by
death, some with and others without the
benefit Of clergy, should be abridged, and
confinement at hard labor in the Penitentiary
be substituted, in most cases. The extreme
penalty attaching to many of these felonies
is revoting to humanity, and juries not un-
frequently fail to find real offenders guilty,
because the punishment is made, By its enor-
nifty, disproportionate to the offence. 1t
should be left discretionary with the Judges
in the Superior and District Courts to punish
by Imprisonment at hard labor in the Pcni-
Tertiary. or by whipping, in all cases of lar
ceny. Punishment by the lash is so degra
ding that it should be imposed upon the
most incorrigible offenders alone. A convict,
who serves out his term of Imprisonment in
the Penitentiary, even for an Infamous offence,
may reform but one who has been whipped
at the public whipping post, must be over
whelmed with such sense of shame and deg
radiation, that he cannot command moral
courage sufficient to enable him even to make
an effort at reformation.
feel it incumbent on me 10 call your at
tention, specially, to the gross neglect of duty,
on the part Of some ofthe Sheriffs and Jail.
ors in this State, in allowing prisoners to es-
cape from their custody. Unofficial informa-
ton has been received at this Office, that
nearly seventy prisoners have escaped from
the iails of this State since their custody was
turned over by the military TO the civil au.
thorities Some of these criminals were un-
der sentence of death, many were charged
with the highest crimes against society.
Every effort to enforce the Criminal Law,
and suppress crime, must be unayailing, un.
less the custodians of prisoners who have
been arrested and confined in jail act withmore
vigilance and fidelity. The existing law pro.
nounces the most rigorous punishment against
Sheriffs and Jailors for voluntary or negligent
escapes, and it is found wholly inadequate to
arrest the growing evil. 1t is difficult to sat
isfy Grand Jury that their friend, whom
they have aided to elect Sheriff or his agent,
the Jai!or, would permit q prisoner to escape
their good will toward the delinquent lead
ing them to be readily satisfied that the es-
cape resulted from the insecurity Of the Jail
1t is even moro difficult to secure the pre-
sentment-of the Commissioners of Public
Buildings for their neglect of duty, in failing
to make the jail secure, and hence tie public
suffer without remedy. When bill of in
dictment is found, 1t is traversed, and when the
defendant is finally broughtto trial, positive
proof cannot be offered that the escape was
voluntary or negligent, and the defendant is
acquitted. The General Assembly, since 1880
has been almost annually passing laws to en-
force the performances BY Sheriifs Of their
duty in civil and criminal matters, and the
!. end is as far as when legislation on this sub
ject commenced, There is but one means oi
efecting cure for this chronic disease-it
is to provide by law for the summary removal
of Sheriff, either through the judicial OF
executive department of the Government,
4 for willful and persistent neglect of duty, or
I for msfeasancc or malfeasance in executing
his office. The laws now provide for the re-
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