The Camden journal. [volume] (Camden, S.C.) 1866-1891, 1866-11-30

amended in the prescribed manner, or
the instrument itself will be violated.
In order that the largest discretion may
be allowed the General Assembly, in
dcvising the best judiciary system to
meet our wants in the recently changed
relations Of society, I Recommend that
the present General Assembly provide
for an amendment Of the Constitution,
by striking out the third paragraph in
the Article aforesaid. The next Gener-
al Assembly can consummate the a
mendment, and then, tho Legislature
will be left, with unrestricted discretion,
to establish such superior and inferior
Courts as, to them, shall seem meet
Whilst this amendment is being con-
summated, the District Courts may
be put fully into operation, and one
years experience will, probably, de-
eide whether they are adapted to the
wants and meet the necessities Of the
public. If they should be found i'm
practicable, inefficient, or too expen-
sive, they MAY be abrogated, and
some better system may be instituted.
We are thrown upon novel times, and
all our legislation to meet our new
situation is purely experimental. 1t
would not be wise to discard and re-
peal the legislation of each preceding
session, because it failed to work
smoothly or give entire satisfaction.
When deficiencies are discovered,
remedy them, by amendment or mod
ifcation. No human wisdom is equal
to the task Of giving perfect system
of Courts and Laws, when an ancient
system must be rcvolutionized, to
correspond with radinal changes in
social, domestic, industrial and po-
litical relations. After one years
fair experiment, it may be found that
the District Court is the dcsideratum.
The Act of the last session, ''to amend
the Act establishing District Courts, "
requires essential and material amend
mcnts, to reduce its expenses and Sc
cure its efficient operation. The
boundary Of its jurisdiction should be
moro distinctly defined. The services
of Grand Jury; as part of its ma
chincry, should be dispensed with;
the authority conferred on the Dis
trict Judge, to examine and dismiss
frivolous cases, renders the existence
of such a body unnecessary. There
is a well defined distinction between
misdcmcanors and crime. 1t is only
when the prisoner is charged with
crime, that he is entitled to be tried
on prescntmcnt found by Grand
Jury. Petty larceny, and other pet
ty felonies, may be declared, by stat
ute, to be misdemeanors; and defen-
dants, in all ?misdcmeanors. may-Lo
~tficd without prcsentment or true bill
found by Il Grand Jury. The vcnirc
for the Petit Jury should be reduced
to eighteen. In the District Court it
would be seldom that two pannels
would be required; and the Court, on
such occasions, could be employed
with other business not requiring the
aid of Jury. The Jury duty now
exactcd will be very oncrous on the
people, and, as the law stands, it
cannot be performed at an expense Of
less than eighty thousand dollars per
annum. The modification suggested
would reduce the expenses to one
third of that sum, for both superior
and inferior Courts. The expense,
to the Treasury, of Juries might be
dispensed with entirely, by taxing a
Jury fec in every case tried. All
traycrscs and imparlanccs Should be
abrogatcd in the District Court; and
all indictments, recognizanccs and
other papers, in the Superior Court,
not disposed Of, and in which juris-
diction is given to tic District Court,
should be transferred to the District,
and made valid, as if originally re-
turned to that Court. The District
Boards should be required to make
their annual returns to the District
Judge; and it should be made the
duty of the latter to examine the
same, and to enforce the law against
them for misfeasance, malfeasance,
or neglect. of duty. When the Dis
triet Judge is interested many case,
civil or criminal, of which his Court
has cognizaucc, it should be trans
ferrcd to the Superior Court for trial.
The Court should be invested with
exclusive jurisdiction, in cases over
one hundred dollars, only where the
contract, express or implied, between
the employer and employee, is for ag-
ricultural labor. The law now pro-
vldpS that q ,,rosnoutnr who irctitutnc