The southern enterprise. [volume] (Greenville, S.C.) 1854-1870, 1868-07-22


Of the accused, su,ject Of course to an ap-
peal. The State will thereby he saved the
cost Of supporting many prisoners In the
jtils, charged with small Offences, but una.
tile 10 give bonds for their appearance ut
the general term Of the Court, while the
| committing Justice has no authority to pass
| sentence upon them. i would ulso recon.
mead that Ju.,icts Of the Pe:ce should be
vest d with the power to discharge from
| arres, in any case where there is not proba.
ble cause, or reasonable grounds for believ-
ing the accused guilty This would not
| debar the Grand Jury from investigating
the case Of person go discharged, aud find-
| ing Till Of Indictment against him, should
| the facts warrant IL, while it v ould prevent
much hardship to innocent persons. and ex-
pehse 20 the 8 aie, l,y the laws delay.
In this connection, | would urge that the
fees. s.of Justices Of the Peace, Clerks Of Court,
Sheriffs. Constables. and other officers whc
may be entitled to receive fees, should be
strictly regulated by statute.
REVISION OF CODE AND cHANoR oy rLEApiSas.
invite your earnest attention to Section 3,
| Article s, of the Constitution, providing that
"Tho General Assembly, mt its first session,
| after the adoption of this Constitution, shall
make provision TO revise, digest, and arrange
under proper heals tho body of our laws, civil
and criminal and form penal code. founded
| upon principles of reformation" This section
| also provides that the General Assembly, 4" for
that purpose, shall appoint some suitable per-
| son or persons, whose duty II shall be to re-
wise, simplify and sbridge the rules, practice,
ploadings, and forus Of the Courts now In use
in this State" we'll digcsted code of Public
Laws, with a full and clear index, will be of
| great value to ell clai ses of our people pro-
fcssional or otherwise. Suoh code South
Carolina has mover possessed. Tho Commits.
sion appointed for this purpose, should be COM
posed Of men of tho highest legal ability, aud
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 political and civil systems
Especially should the plea Of d" Benefit of Clcr-
gy," which has so long disgraced the judicial
system OF The State, be no longer recognized
| by our Courts. trust that tho General As
sembly will make an appropriation sufficiently
liberal, to give fair compensation to tho
| members Of that Commission for their ncce,-
sari!y arduous labours.
STATUTE OF FRAUDS.
| Section 90, Article l, of tho Constitution.
| having provided that no person shall he m-
prisoned for debt, except In cases of fraud"
l recommend that the General Assembly shall,
Mt an early day, enact n Statute OF Frauds,
aud also new Statute Of Limitations, dcGn-
ing the rights, remedies, and liabilities of credi
tors and debtors.
J invite vour ai:Anilc. !c S.2,;:jn a ,ri;,ii,
8, of the Constitution, which provides that il
| shall be the duty of tho Geuoral Assembly to
provide from time 70 time for tho registration
of NIL electors"
1t Is important to tho safety of the State
that tho rights of lite electors and the purity
| of the ballot-box should he rigidly guarded
L therefore recommend that you will pass
stringent laws prescribing the duties Of Reg
istrars and Judges of Elections, with appro-
pirate penalties; and providing also for tho
punishment Of bribery and corruption at pub
| lie elections.
REMOVAL or POLITICAL DIsAnIL.rIEs.
1 would earnestly recommend that your
| honorable body will, ut an early period, mem
orialize Congress to rolicve every citizen Of
| South Carolina, from all political disabilities
| 1 mako this recommendation tho moro readily
from the fact, that there arc believed TO bo
| none OF that class In this State, who have COM
mitted Infamous offences against the laws Of
| war.
The statute Of Acknowledgement was doubt
| less wise and proper Mt the earlier stage Of re-
construction, and justly marked tho nations
abhorreIce of those who, having been the
trusted leaders Of the people, had led them
into rebellion against the benign government
OF their country. Yot the continuance Of such
Acknowledgement wSuld be an anomaly under
our Republican system, based upon the doc
trine of universal suffrage. Let us hope that
such nm act Of magnanimity will not DO mis-
taken by tho class disfranchise while TO DENY
It will tend to make them objects Of sympathy +,
and will be, MS II were, to keep knife strking
In an open wound.
EDrcAttoS.
Civil liberty and the education Of the mas
| scs are inseparable.
The safety Of free State rests upon the
virtue and intelligence Of the people, and il
cannot preserve the one without cultiyatin0
the other. All republics of which history
makes mention, have owed their decline and
fall TO the corruption Of the people who hav-
ing become umindful of their rights aud du .
ties through ignorance. became tho p.ey of
demagogues through choice. In q country
such as ours. where the bumLlest citizen, il
worthy and we'll qualified, may aspire TO tho
station Of tho highest, and where the bard
handed child Of poverty and toll may become
the eblef magistrate Of the republic. the diff
sion Of intelligence among the masses is not
only measure Of public justice, but vitality
concerns tho public safety.
The Government Of tho United States has
been go mindful Of the Importance Of popular
education, that II has already given 70 ,0OO, 900
of acres Of public lands, worth at least ninety
millions (00,000, ,000) Of dollars, for the cstab-
lishment of schools and colleges in tbs States
and Territories of tho Union. would, thcre-
fore, earnestly recommend that the provision
| Of our Constitution upon this subject, no car
ried out In Its fullest extent, and that as thor
odgh d system of free schools shall b. cstab-
lished rs Is consistent with the present taxa
bic resources Of the State.
/ deem It proper to add, that satisfactory
assurances are given that Congress will, with
in a brief period, make liberal grant Of pub
lie lands TO this State, for the creation of n
permanent common School Fund.- thus In n
great measure, relieving our people from tho
burden OF taxation for that special object.
rcspccifhll, suggest that you will memorializc
tho Congress Of the United States upon this
subject, and solicit the grant referred TO at the
earliest possible day.
Article 10, Section 3, of the Constitution,
provides that "there shall be kept open at
least six months In each yoar, one or moro
schools in each school district"
/ respectfully recommend that tho General
Assembly will provide by law for tho ostab-