The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1866-11-28
M Z 8 s a q Z
HIS EXCELLENCY GOV. ORR,
TO TIE
SENATE AND HOUSE OF REPRESENTATIVES

SENATE AND HOUSE OF REPRESENTATIVES,.
EXECUTIVE DEPARTMENT.
COLUMBIA, s. c. November 81, 1866. :
Gentlemen efMc Senate and House Of Representatives:
Your annual assembling ut tho seat of government has
heretofore been tho occasion of congratulaon by tho
Executive upon the continued happiness, prosperity,
and Improvement of tho commonwealth. Iregret that
Sh @ be to the
tread of hostile armies and people have escaped tho
shocking carnival Of death While the general health
has not been good the vrulonce and magigny of dis
taity as visited the sick room For these bcssnGs our
thanks due the great Ruler of tho Universe In tho
to avert the evils hatHrc upon us-to stay the hand Of
our Rersecuors to turn away the wrath and to bring to
destroy u.s. md to restore to tho happiness pros
perity Of former years.
return from his helds.-hc grain crop is alarmingly
smatho cotton crop in many portions of tho State viii
popul;ion white and colored, are abaDdonns
their OLD homes and country, and arc cmigraing to
strange places where they find bread With the loss
OF labor our farms must dapidae fields romain
lue, our granaries continue empty, and progress
cd iae eart to make generous re,T,,
70 the toll of the hsbandman tho goods of tho
merchant TO rest unsod on his sheves-and keeus tho
tool OF the nccianc le-tho learning Of tho profession
al man useless The political condition of the country
which subjected by those who should be our low
ing brothers. and who WELD tho destnies of this great
natOn-thcSc evils lntinidatc capital, Darayyc
prise. disorgunize labor and dcstro I.vpo and conf
dcnce. The enormous tax cotton dscouragcs pro-
ducon and aggravates the financial embarrassment OF
the people.
Never, therefore, in the history of the State has Leg
saturc assembled udcr less favorable auspices to pro
vide for the wants OF an Impoverished and shcartcned
constituency.
But these extraordinary enbarrassmens must be met
with wisdom patience AMI! courage, with energy and
hope and manly resolve to subuo and overcome them
their present necessities; wo must Iate our white t
a5or TO GO onS to work an let them sec that
new year with this fixed determination, our fields viii
o oD osaer Hs s AND N The @ next time will find
staple crops will be more abundant and the financial en-.
barrassmefts nt .:.c people WILL by consequence be
industry shall merit the fulhment of these anticipa.
lions
therefore proceed to make such recommendations
WILL i'll my Judgment promote tho interest of
mon constituency.
DISTRICT COURTS
Tho third Article the Constitution this State in
the third paragraph of the first Section directs thc
General Assembly shall possible. establish,
for each District in the State inferior Court Courts
to be styled the District Cour-te Judge whereof shall
be resident in the District while in occ shall bo elect
cd BY the General assembly for four years. and shall be
causes wherein or both of the parties persons
color and OF all criminal cases wherein the accused
to extend tho Jurisdiction of the said Court other sub
the e M a s o s es9e
clares that he judicial power shall be vested in such
superior and rior Courts of Law and Equity us the
General Assembly shal time to time direct and
establish and this is sufficiently comprehensive to au-
horizc the establishment Of any interior Court which tho
wisdom of the General Assembly may determine,
whether it bc Police District County or Ma
given 10 you; ana such tribunals may be cstab.
Ishcl MS experience necessity may dictate; but the
clause already quoted requires the General Assembly
establish District Courts, and these Courts must be
continued until the Constitution is amended in the pre-
scrbcd manner the instrument itself will violated
In order that the largest discretion may allowed the
General Assembly in evsng the best judiciary system
society recommend that the present General Assembly
provide for an anne" ment Of the Constitution by strk-
g out the third pa graph in tho Article aforesaid The
noxt General Assembly can consummatc the amendment
ana then the legislature will be left with unrestricted
as TO them shall seem meet Whilst this amendment is
into operation and one years experience will, probably.
decide whether they adapted to the wants meet
impracticablo. inefficient. or too expensive, they
may be ahrogatod, and some better system may be in
legislation to meet our new situation is purely
experimental 1t would not be wise to discard and re-
failed smoothly or give onre satisfaction. When
deficiencies discovered remedy them by amendment
Of giving perfect system OF Laws whon aI
ancient lsysem must bo reyoluhonized, correspond
may be- found that the district Court is a the
The Act Of the last session. to Act establish
ing District Courts" requires essential and matera
To @ na its
be more distinctly defined, Tho services of q Crane
authority conferred on the District Judge to eIamin
and dismiss frivolous cases. renders the existence Of
body unnecessary. There is weldefnod distinction
between misdeineanors and crime. 1t ia only whe til
is charged With crime that DO is entitled to
tried on prescntment found by Grand Jury. Pett
larceny, and other petty felontes mny be declared b
statute, to bo misdemenpors; and defendans, In al
nlsdemeanors, may be tried without presentment o.
true bill found by Grand Jury Tho venire for the
Petit Jury should be reduced to eighteen In tho Dis
trct Court 1t would be seldom that pannels woult
pe required; and the Court such OCCASIONS could b.
employed with other business not requiring the aid OF
jury Tho Jury duty exected Will bo very onerou
ontho people, and the law stands It cannot be per
formed at an expense OF less than eighty thousand dol
Lars Per annum. The modification suggeated would re
duco tho expenses to onehird Of that sum- for both
peror and Inferior Courts The expense Treasu
jury feo in every tried. AL raverses and impni
ances should bo abrogated In the District Court and
nHctments recognizanoes and other papers In the gu
peror Court not disposed Of and in which jurisdiction
me district and made valid. as If originally re
turned to that Court The District Boards shoul
DC required to mako their annual returns to tn
Distfict Judge; and It should be made tho dut
= the law against them for misfeasance malfeasance
or neglect Of duty. When the District Judge
nts1esttd In any case, civil orcrminal of which hi
court mas coRnzanco, 1t should be transferred 10 tn
with exclusive jurisdiction, In one hundre
dollars, only where the contract express implied
between tho employer an" employee is for agriculture
labor The law now prov that prosecutor, who in
adjudgea pay tho costs Of such prosecution. This
an ample safeguard against gr0undless prosecutions
and tho law should be amended that the party ma
king complaint before Magistrate should be granted
without requiring recurity. To. require security
prosecute is to deny nsco to tho poor the ignorant
the dependant and the riendless These the cnsse
that It is he peculiar province OF the law to protect