The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-07-10

Inconvenience upon tn6m"
In view Of the necessity Of new geographi-
cal subdivision Of the State, article 2. section
| 8, Of the Constitution, provides that the Gene
| raj Assembly shall have the power at any timt
to organize new counties by changing thu
boundaries OF sny Of the old ones: but no new
county ahan be hereafter formed Of less extern
than six hundred and twenty-five square miles
nor shall any existing counties be reduced to 6
1 less extent than six hundred and twenty-five
square miles. Each county shall constitute
one election district" I suggest that six hun
dred and twenty-five (625) square miles, OF
twenty (20) townships, be made the maximum
area OF any new county that may be hereafter
PUBLIC ROADS AND BRIDGES
In view Of the very bad condition Of our pub
Ec roads and bridges, recommend that the
General Assembly win provide by law for the
sub- b-diyision OF each county iito road districts
! and for the appointment Of competent parsons
as supervisors Of such districts, under the di-
| reotion Of the county commissioners. These
| Supervisors Of roadB should receive o reasona-
Bile per diem when actually employed, and the
county commissioners should be empowered to
require that each able-bodied citizen, between
the ages Of twenty-one tN) and fffty-fve 1851
shall give his labor reasonable number OF
days IN the year, TO be fixed by Law. Tor work.
ing tho public roads, or shall pay in lien there
of certain sum.
Il should also be provided, that the County
Commissioners may be held responsible in
that may accrue TO any citizen because of their
failnre to Keep the roads aud bridges in good
and safe repair.
Article 4, Of our Constitution, provides for
the reorgaDisation OF the Judicial Department
OF the State, and defnes the jurisdiction Of the
several courts, to be organized in pursuance
OF the same. This important subject, 80 vital
to the protection Of the person and property
Eof the citizen, demands, and will, doubtless,
receive your early and most selious attention.
I recommend that the Jurisdiction OF Justices
of tho Peace be extended, so that they may
render judgment in petty csses, involving the
liberty of the accused, subject of course to an
appeal. The State Will therebybe saved the
cost OF supporting mary prisoners In the lalls,
charged with small offences, but unable TO
give bonds for their appearance at tho general
term Of tho court, while the committing JUS
tice has no authority to pass sentence upon
them would also recommend that Justices
Of the Peace should be vested with the power
to diechargel from arrest 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 in
yestigating the case Of person 30 discharged,
and finding bill ef Indictment against
him, should the facts warrant it; while it
would prevent much. hardship to innocent
persons, and expense to the State, by the laws
delay.
In this connection, would urge that the
fees Of Justices OF the peace, clerks OF courts,
sheriffs, constables, and other Ofhcers who
may be eutiS,c5 20 receive fees, should be
strictly regulated by statute. :.
aEy1s1oN OF CODE AND CHANGE OF PIEADINas.
Invite ycnr earnest attention to Section 8,
- Al that
"the General Assembly, at it's 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 thst the General Assembly FOR
that purpose shall appoint some suitable per-
simplify and ahridge the rules, practice, plead
ings aud forms Of the courss now in use In this
State. A well digested code OF Ptblo Laws, with
full and clear index, will be OF great value to
al classes OF our people, professional or other
wise. Suoh o code S0uth Carolina has never
possessed. The Committee appointed ion this
purposeI should be composed OF men Of the
highest legal ability, and should be empower
ed to omit from the code snch statutes as are
no longer In accord with our Constitution, or
that conflict with the changes IN onr political
and civil systems. Especially should the plea
Of " Beneft of Clergy" which has so long dis
graced the judicial system Of the State, be no
longer recognized by our courts. trust that
the General Assembly viii make an appropria-
Hon sufficiently liberal, to- give . fair com
pensstion to che members of that Commission
for their necessarily arduous lsbors.
STATUTE OF FRAUDS.
Section 90, Article 1, OF the Constitution,
having provided that 'no person shall be i'm
Eo in N
/ recommend that the General Assembly
shal, at an early day, enact Statute OF
Frauds, and also now Statute OF Limitations,
defining the rights, remedies, and liabilities OF
creditoraand debtors.
I invite your attention to Section 8, Article 8,
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"
II 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. l
therefore recommend that you viii pass strin-
gent laws prescribing the duties OF registrars
and judges of elections, with appropriate
penalties; and providing also for the punish
ment of bribery and corruption at public elec-
Gons.
REMOVAL. OF POLITICAL pTsABmIuEa.
would earnestly recommend that your
honorable body win, ut an early period, me-
morialize Congress to relieve every citizen ol
South Carolina from all political disabilities.
make this recommendation the more readily
from the fact that there are believed to be
none Of that class in this State who have
committed infamous offences against the laws
Of war.
Tho statute of Acknowledgement Was doubt
less wise and proper at the earlier stage OF re-
construction, and justly marked the nation g
adherence of those who, having been tie
trusted leaders Of the people, had led them
into rebellion against the benign government
OF their country. Yet the continuance Of such
disfrauohlsement would be an anomaly under
our Republican system, based upon tho doc
trine Of universe, suffrage. Let us hope that
snch an act o. magnanimity will not be mis-
taken by the class disfranchised, while to deny
il will tend to make them objects OF sympathy,
and will be, as it were, to keep knife sticking
III an open wound.
EDUCATION.
Civil liberty and the education of the masses
are iuseparable. =,
The safety of free State rests upon the Vlr-
tue aud intelligence Of the people, and it cam
not preserve the one without culdyating the
other ALI republics of which history makes
mention, have owed their decline and fall TO
the corruption Of the people; who, having be-
| come unmindful OF their rights and duties
through ignorance, became the prey OF dema-
gOgues through choice. In IA country such aa
ours, where the huInblest citizen, If worthy
and we'll qualified, may aspire to the station OF
the highest, and where the hard-handed child