Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1866-12-06

De I0uDQ lmpractlcaDle, lnemcleut, vi too
expensive, they may be abrogated, and
some better system may be instituted. We
are thrown upon novel times, and all our
legislation TO meet our new situation is pure.
ly experimental 1t would not be wise to
discard and repeal the legislation of each
preceding session, because it failed to
work smoothly or give entire satisfaction.
When deficiencies are discovered, remedy
them, by amendment or modification No
human wisdom is equal to the task Of giving
a perfect system of Courts and Laws, when
an ancient system mustbe revolutionized, to
correspond with radical changes in social,
domestic, industrial and political relations.
After one years fair experiment, it may be
found that the District Court is the deside'
ratum. The Act of the last session, "to
amend the Act establishing District Courts, I"
requires essential and material amendments,
to reduce its expenses and secure Its eff
cient operation. The boundary of its ju-
risdictiou should be more distinctly defined.
The services of Grand Jury, as part of
its machinery, should be dispensed with
the authority conferred on the District
Judge, to examine and dismiss frivolous
cases, renders the existence of such body
unnecessary. There is we'll defined dis
tnction between misdemeanors and crime.
1t is only when the prisoner is charged with
crime, that he is entitled to be tried on pre-
sentiment found by Grand Jury. Petty
larceny, and other petty felouies, may be
declared, by statue, to be misdemeanors; !;
and defendants, in all misdemeanors, may
be tried without presentment or true bill
found by a Grand Jury. The venire for
the Petit Jury should be reduced to eigh
teen. In the District Court, it would be
seldom that two paunels would be required |;
and the Court, on such occasions, could be
employed with other business not requiring
the aid of Jury. The Jury duty now ex.
acted will be very onerous on the people,
and, as the law stands, it cannot be per-
formed at an expense of less than eighty
thousand dollars per annum. The modif.
cation suggested would reduce the expenses
to one-third of that sum, for both superior
and inferior Courts. The expense, to the
Treasury, of Juries might be dispensed with
entirely, by taxing Jury fee in every case
tried. All traverses and imparlauces should
be abrogated in the District Court; and all
indictments, recognizances and other papers,
in the Superior Court, not disposed of, and
in which jurisdiction is given to the Dis
trict Court, should be transferred to the
District, and raade valid, as if originally re.
turned to that Court. The District Boards
should be required to make their annual re-
turns to the District Judge; and it should
be made the duty of the latter to examine
the same, and to enforce the law against
them for misfeasance, malfeasance, or neglect
of duty. When the District Judge is in.
terested in any case, civil or criminal, of
which his Court has cognizance, it should
be transferred to the Superior Court for
trial The Court should be invested with
exclusive jurisdiction, in cases over one
hundred dollars, only where the contract,
expressed or implied, between the employer
and employee, is for agricultural labor
The law now provides that a prosecutor,
who institutes a frivolous or groundless
prosecution, may be adjudged to pay the
costs of such prosecution. This is au am,
pie safeguard against groundless prosecu,
tions; and the law should be so amended,
that the party making complaint before
Magistrate should be granted a warrant, up,
on his own recognizance, to prosecute, with
out requiring security. To require securi,
ty to prosecute, is to deny justice to the
poor, the ignorant, the dependent and the
friendless. These are the classes that it is
the peculiar province of the law to protect;
those who have wealth and friends, can
readily secure the protection of the law.
Doubts have arisen whether the Superior
Courts of Law can take cognizance of any
offence committed by person of color, uu-
der the clause in third Article of the Con.
stitution, which declares that the District
Court shall have jurisdiction of all cases in
which a person of color is interested, or to
which he is party. The Civil Rights
Act passed by the Congress of the United
States, which must be respected and obey.
ed until pronounced unconstitutional by the
Supreme Court of the United States, gives
the person of color the same rights in all
the Courts, State as we'll as Federal, as are
enjoyed by the white race and so long as
white persons are triabie only in the Supe
rior Courts for felony, the same privilege
must be accorded to persons of color, not
withstanding the supposed prohibition in
the State Constitution, as the Constitution
of the United States, and the laws passed
in conformity thereto, is the supreme law of
the land If the Civil Rights Act should
hereafter be declared unconstitutional by
the Supreme Court, or should it be repeal.
ed by Congress, the question under the
State Constitution might then be full of em,
barrassment.
CRIMINAL LAW.
The establishment of Peuitentiary re.
quires material changes in the puuishments
imposed in the Criminal Law. Murder,
arson and rape, should be punished by
death. The numerous catalogue of felonies
punishable by death, some with and others