The tri-weekly news. [volume] (Winnsboro, S.C.) 1865-1876, 1866-12-01

dction in all causes wherein one or both
of the parties are persons of color, and
Of all criminal cases, wherein the accused
is a person of color; and the General
Assembly is empowered to extend the
jurisdiction of the said, Court to other
subjects" 1t is unfortunate that this
clause was inserted in the Constitution.
The first paragraph OF the Section dc.
clares, that "the judicial power shall be
vested in such superior and anterior
Courts of Law and Eqlty as the Gen.
eral Assembly shall. from time to time.
direct and establish" and this is sufi.
cienly comprehensive to authorize the
establishment Of anv Inferior Court
which the wisdom of the General AS.
scmbly NAV determine, whether it be
a Police, District, County or Mlgis-
tra'c's Court. Here, the largest discre.
ton is given to you; and such tribunals
may be established as experience or nr.
cessity may dictate; but the clause al.
ready quoted requires the General As.
semnly to establish District Courts y
and these Courts must be continued
until the Constitution is amended III the
prescribed manner. or the Instrument
itself will bc violated. In order that
the largest di ;cretion may be allowed
the General Assembly, in devising the
best judiciary system to meet our wants
in the recently changed relations of SC.
ciety, krccommend that the present
General Assembly provide for an amend.
mcnt of the Constitution. by striking out
the third paragraph in the Article afore
said. The next General Assembly can
consummnte the amendment and then
the Legislature wiilebe left, with runre.
stricted discretion, to establish such
superior and inferior COURTS as, to them,
shall seem meet. Whilst this amend.
ment is being consummated, tho District
Courts may be put fully into operation,
and one years experience will, probably
decide 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 expensive
they may be abrogaed, and some bet
ter system may be instituted. We are
thrown upon novel times, and all our
legislation to meet orr new situation is
purely experimental. 1t woull not be
wise to discard and repeal the legislation
OF each proceeding session, because it
failed to work smoothly or give entire
satisfaction. When deficiencies are dis
covered, remedy them, by amendment
or modification. No human wisdom is
equal to the task of giving perfect
system Of Courts and Laws, when an
to correspond with radical changes in
social domestic and industrial and politi
cal relations. After one years fair ex.
pertinent, it may be found that the Dis
trict Court is the deaideratnm. The Act
OF the last session, ITO amend the Act
establishing District Courts" requires
essential and material amendments,
to reduce its expenses n secure its eff
cient operation. The boundary Of its
jurisdiction should be more distinctly
defined Tho services of a Grand Jury,
as part of its machinery. should be dis.
pcnsed with the authority conferred on
the District Judge, to examine and dis
miss frivolous cases, renders the exist.
ance OF such OF such body unnecessary,
There IS well defined distinction. be.
tween mislemcanors and crime. 1t is
only when the prisoner is charged with
crime. that he is entitled to Ire tried on
prescntmcnt found by Grand Jury.
Petty larceny, aud other petty felonies,
may be declared, by statute, TO he mis-
demeanors; and defendants, in all mis-.
dcmeanors, may be tried without pre-
sentiment or true bill found by Grand
Jury. The venire for the Petit Jury
should be reduced to eighteen. In the
District Conrt it would be seldom that
two pamels would be required and The
Court on such occasions, could he em.
ploNad win other business not requiring
che aid cfa jury. The jury duty exact.
cH will be very onerous on the people,:
and, as The law stands, it cannot be pe,-
formed AT mn expense less than eighty