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

Il
expense to the Treasury, ofiuries might
be dispensed with entirely, by taxing a
jury fee in every case tried. All tr,aver-
ses and imparlances should be abrogated
in the District Courts; and all mlict-
ments, recognizances, and other papers
in the Superior Court, not disposed of.
and in which jurisdiction is given to the
District Court, should be transferred to
the District, and made valid, as ifbrigi-
nally returned to that Court. The Dis.
tricL Boards should be required to make
Llieir annual returns to the District
Judge and it should be madeIhe du,y
Of the latter to examine the samc, and
to enforce the law against them for
misfrasance, malleasance, or neglect Of
duty. When the district Judge isinter.
eSted in any case, civil or criminal, Of
which his court has cognizaEcr, it should
be transferred to the Superior Cont for
trial. The court sho lid BE- il v sted with
exclusive jurisdiction, in cases over one
hundred dollars, only where the coatract,
express or implied, between the employ.
or and employee, is for agricultural la-
bor. The law now provides thai aprosc.
cutor, who institutes irivololis or
gromdless prosecution, may be admdge,l
to pay ths,costs Of such prosacuton
This is an, ample safeguard against.
groindless prosecutions; and the laws
should be so amended, that the party
making complaint before a Magistrate
should be granted a warrant, upon his
r"coenizance, to prosecute, without re-
qmring security. 70 require SECURITY
TO prosecute, isto deny justice5so the
poor, the Ignorant, the Dependent and.
the lriendless These are the Glasses
that it is the peculiar province Of the
law to pro. .ect; hose who. haye wealth
and frissl.lscap readily SECURE sslses pro.
lection OF the law. - - ~, 80
Doubts have arisen whether the Sipe
rior Courts of Law can take c6gnizanco
ofany offence committed by person Of
color; under the clause in the third Ar.
tic.c of the Constitution which declares
that the District Court shah have jiriS.
dic'ion of all cases in whicit y person OF
color is interested, or to which he is a
party. The Civil Rights Act, passed by
the Congress flhc United States, which
mnst be respected and obcyer until pro.
nounced Unconstitutional by the Su.
premc Court Of the United States, gives
the person of color the same rights in all
the Courts, State as well rs Federal, as
are enjoyed by the white race and so
long as white persons are triable only
in the Superior Courts for felony, tn,
same privileg' must he accorded TO per
sons of color, Notwithstanding the sup
posed prohibition IN the State Consitn
ton, as the Constitution of,he United
States, and tire laws passed in conformity
thereto, is the supreme law of The land.
If the Civil Rights Act should hereafter
be declared unconstitutional by the Su-
pr"me Court, or should it be repealed by
Congress, the question under the State
Constitution might then be full ofenbar.
raSsment.
CRIMINAL LAW.
The establishment ofa Penii eaiary requires
material changes in hepunshments imposed
in the Criminal Law. Murder, arson anl
rape, should be punished by death The
numerous catalogue of felonics punishahlc
by DEATH some with and others without lho
benefit OF clergy, should he abridged. and
0 nfneUlent at hard labor in the Penitenia-
ny be substituted, in most cases. The Gx.
treme penalty attaching 10 many of these
felonies is ievoltingto humanity, and iurios
not frequently fail TO find real offenders
guilty, because the pnnishmentis mads, by
It's enormity, disproportionate to the of.
fence. 1t should be left discretionary with
the Judges in the labor in the Penientiary,
or by whipping, ip all cases of larceny.
Punishment by the lash is 40 degrading.
that it should be imposed upon tho most in
corrigible offenders alone. A convict, who
serves ont his torn of imprisonment in tho
Penitentiary, even for an infamous offence,
may reform; hut one who has been whipped
ut the public whipping post, must be over
whelmed with such n sense of shame and
degradation. that Ire cannot command NOR.
nj courage sufficient to enable him even o
make nm effort nj reformation.
feel it incumbent on mo to call Joul
attention. especially, TO the gross neglect of