The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1868-07-11

Judgment In petty cases, inyolving
the liberty of the accused, subject of
course to an appeal. The State will
thereby be saved the cost of sup
porting many prisoners in the jaiis,
charged with small offences, but un-
able to give bonds for their appear
ance at the general term Of the court,
while the committing Justice has no
authority to pass sentence upon
them. I would also recommend that
Justices Of the Peace should be
vested with the power to discharge
from arrests in any case where there
is not probable cause, or reasonable
grounds for believing the accused
guilty. This would not debar the
grand jury from investigating the
case of a person so discharged, and
finding o bill of indictment against
him, should the facts warrant it,
while it wonld prevent much hard
ship to innocent persons, and expense
to the State, by the laws delay.
In this connection, I would urge
that fees of Justices of the Peace,
Clerks of Court, Sheriffs, Constables
and other officers who may be enti-
tied to receive fees, should be strict
ly regulated by statute.
REVISION OF CODE AND CHANGE OF
PnEADNGs.
1 invite your earnest attention to
section 3, article 5, of the Constitu-
tion, providing that "the General
Assembly, at its first session, after
the adoption Of this Constitution,
shall make provision to revise, digest
and arrange under proper heads the
body of our laws, civil and criminal,
and form q penal code, founded upon
principles of reformation. This
section also provides that the Gene
raj Assembly, 'sfor that purpose,
shall appoint some suitable person
or persons, whose duty it shall be to
revise, simplify and abridge the
rules, paactice, pleadings and forms
of the courts now in use in this
State" A well digested code of
public laws, with full and clear
index, will be of great value to all
classes of our people, professional
or otherwise. Such code South
Carolina has never possessed. The
Commission appointed for this pur-
pose, should be composed Of men of
the highest legal ability, and should
be empowered to omit from the code
such statutes as are no longer in
accord with our Constitution, or that
conflict with the changes in our po-
litical and civil systems. Especially
should the plea of "Benefit Of
Clergy" which has SO long disgraced
the judicial system of the State, be
no longer recognized, by our courts.
I trust that the General Assembly
will make an appropriation suf-
ficiently liberal, to give fair COM
pensation to the members of that
Commission for their necessarily
arduous labors.
STATUTE OF FRAUDS.
Section 20, article l, of the Consti-
tuition, having provided that "no
person shall be imprisoned for debt,
except in cases of fraud,"I I recon-
mend that the General Assembly
shall, ut an early day, enact Statute
of Frauds, and also O new Salute of
Limitations, defining the rights,
remedies and liabilities of creditors
and debtors.
ELECTIONS.
invite your attention to section
3, article S, of the Constitution,
which provides that sit shall be the
duty of the General Assembly to
provide from time to time for the
registration of all electors"
It is important to the safety of the
State that the rights of its electors
and the purity of the ballot-box
should be rigidly guarded. I there
fore recommend that you will pass
stringent laws prescribing the duties
OF registrars and judges of elections,
with appropriate penalties; and
providing also for the punishment of
bribery and corruption ut public
elections.
REMOVAL OF POLITICAL DISABILITIES.
would earnestly recommend that
your honorable body will, at an
early period, memorabilia Congress
to relieve every citizen of South
Carolina from all political disabili-
ties. L make this recommendation
the more readily, from the fact that
there are believed to be mono of that
class in this State who have commit
ted infamous offences against the
laws of war.
The statute of acknowledgements