The Carolina Spartan. [volume] (Spartanburg, S.C.) 1852-1896, 1866-12-06
GOVERNORS MESSAGE, NO. 1

GOVERNORS MESSAGE, NO. l.
y EXECUTIVE DEPARTMENT,
{, t3'aq CoLuMBIA, November 81, 1866.
Gentlemen Of the Senate and House of Represen-
tdtiDes
Your annual assembling at the seat of
government has heretofore been the occa
sion of congratulation by the Executive,
upon the continued happiness, prosperity
and Improvement OF the commonwealth. l
regret that no such greeting can be extend
ed to you on the present occasion. We no
longer hear the clash of arms, nor the tread
of hostile armies, and our people have es.
capped the scourge Of that terrible disease,
which revels in the shocking carnival OF
death. Whilst the general health has not
been good, the virulence aud malignity OF
disease have been mitigated, and com
paratively small fatality has visited the
sick room. For these blessings, our thanks
are due the great Ruler of the Universe.
In tho depths of humiliation and contri.
tion, let us invoke Him to avert the evils
that are upon us-to stny the hand of our
prosecutors, to turn away the wrath, and
bring to nought the counsels of those who
would oppress and destroy US, and to restore
to US the happiness and prosperity Of for
mer years.
therefore proceed to make such recon.
mendations as will, in my judgment, pro
mote tho interest of our common constitu.
ehcy.
" DISTRICT COURTS.
The third Article Of the Constitution Of
this State, in the third paragraph of the
first Section, directs that {" the General
Assembly shall, as soon as possible, estab
lish, for each District in the State, an in
terior Court or Courts, to be styled 'the
District Court'-the Judge whereof shall
be resident in the District, while in Office;
shall be elected by the General Assembly
for four years, and shall be re-eligible-
which Court shall have jurisdiction of ali
causes wherein one or both of the parties
are persons Of color, and of all criminal
cases, wherein the accused is person OF
color; and the General Assembly is EN-.
powered to extend the, jurisdiction of the
SAID Court to other subjects. 1t is untor.
iunatc that this clause was inserted in the
CONSTITUTION. The first paragraph OF the
+ Section declars, that ''the judicial power
shall be vested in such superior and in/e
rior Courts of Law aud Equity as the Gen
eral Assembly shall, from time to time,
direct aud establish;" and this is sufficient
ly comprehensive to authorize the esab-
lishment of any inferior Court which the
wisdom Of the General Assembly may de-
termine, whether it be Police, District.
County or Magistrates Court. Here, the
llrsest discretion is given t. you; and such
tribunals may be established as experience
or necessity may dictate; but the clause
already quoted requires the General AS
sembly to establish District Courts, and
these Courts nust be continued until the
Constitution is amended in the prescribed
manner, or the instrument itself will be
violated. In order that the largest discre-
tion may be allowed the General Assembly
in devlsing the best judiciary system to
meet our wants in the recently changed
relations of society, l 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 General Assembly
can cOnsummate the amendment, and then,
the Legislature will be left, with unrestI ict
ed discretion, to establish such superior
and inferior Courts as, to them, shall seem
meet Whilst this amendment is being
censummated, the 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 impracricable, inefficient
or too expensive, they may bo abrogated
and some better system may be instituted
We are tbrowa upon novel times, and all
our legis alton to meet our new situation
is purely experimental, 1t would not be
wise to discard and repeal the Legislation
OF erch preceding session, because It failed
to work smoothly or give entire satisfaction
When deficiencies are discovered, remedy
them, by amendment or modification. Nc
human wisdom is equal to the task of Civ
ing Perfect system Of Courts and Laws
when an ancient system must be revolu
tionizcd, to correspond with radical chan
gesi social, domestic, industrial and po