The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1866-10-24
Tho District Courts.

A short time since we briefly expressed
our disapprobs,ion OF these Courts. We
now propose to take up the subject more
In detail. The FIRST Section OF the third
Article Of the new Constitution Of South
Carolina directs the General Assembly to
establish for each District in the State an
Inferior Court or Courts, TO be s,yled
"The District Court which Court "shall
have Jurisdiction Of all ciri, 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 ID empowered
TO extend the jurisdiction Of the said
Court to other suhjects."
1t is plain that the primary otj4c, of
the Convention in engrsfting this pr"vis
ion in the Constitution was 10 have A
Court in which the numeIous petty eau
hes arising among freedmen, and incid+n,
to their new relation, miehi be adiudics-
ted. The sentiment Of the whites ~as
averse to being thrown upon a perfect
equality with the blacks in the admins
tration Of justice. and it was drsirahle to
have a Cour, in which a certain distinc
tion between the races might be pteserv
I'd and regulated.
In pursuance Of this theory. the Leg.
is'a,ure, at considerable labor and ex
psIse, prepared and enacted what ia
known as the "Necro Code; hut unfor
tunataly, "the powers that be" would no,
allow code to be enforced which con.
tanned determinations between white and
eolored. THE civil Rights bill" declar
I'd there should be eqnsli,y before the
law. and the Legislature, In conformity
with the law Of Cong ress, enacted Law.
at The late extra Session. which makes
tho negro the equal Of the white man in
respect to all the privileges. a. parties and
witnesses. in any OF the Cour;s of this
State.
A Court. such as that contemplated by
The Convention. being imprac,ieahle. the
Legislature, under the latter .Iause Of the
section OF the Constitution already rsfarr
ed to. extended "the Jurisdiction of the
said Court to other subjects" The law
authorizing tho establishment. and def.
ing the jurisdiction Of the Di.t,ic, Courts.
was published in our Issue Of week before
last.
The jurisdiction of the District Cour,
being, in n large cls. OF cases, concur
rent with the Jurisdiction Of the Superior
Courts and the negro having the .sms
right to select his Court which the white
man enj"ss. doub's Of the pr"pri.,y or
necessity for the machinery Of new Courts
may very we'll be entertained. We be.
lieve that for the present. at least, the gu
perior Courts Of law, If permitted to ex
sorcise their functions without res,,iction
by the Legislature, nre ample for all rhe
business which will 60 before the District
. Court.
~, 1t cannot he said that the Superio,
Courts are so crowded that ihsv
cannot transact the business Of the
country. We hear of no grea. nc.
Sumulstion "f business any where. and the
prospective litigation is perhaps not prsa
10. than the Courts already established
could work up to. il they were no, tram
msled ~ indiscrset legislation. We do
not hear Of the Courts sitting longer in
ATTY Of the Districts than about two dave
It appears, therefore, that ths Sup.ror
Courts, sitting twice a yesr can. in two
days At each sitting, dispose Of all the
business which the Legislature allow. to
be transacted: and We have presented TO
US the aromalons tpectscle of salsrisd
Jadges and Solicitors remaining almost
idle for the want Of business to occupv
them, and at the same time Of prepsra
lions being made for the organization Of
additional Courts. which are To st four
time. a yearl Why should We sn,ici
pate necessity which may never arise !
and where is the wisdom ~ placing re.
's,ric,ions upon the Courts already in sx,
i'tenes and opening the 8oodgarss Of hi
CATION in another directionf
We fr'ly appreciate the probable !.
crease Of the number Of petty criminals.
growing out of the CHANGED condition ~