The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1870-07-16
ro rdE Ep1roR oF The NEWS.

| The Cost to the State.
TO TIE EDITOR OF THE NEWS.
CHARLESTON, g. c., July Is.
The following sensible passage can be found
on the s1st page of "warren's Introduction to
Law Studies:"
'To the Justice Of the peace much more
and practice is manlfestly Indispensable To
him, 1t Is not so much credit to know the
law, as high disgrace to be Ignorant of 1t.
How can he administer who does not under
stand the law-called upon, too, as he ire
quently Is to decide very difficult questions
| promptly. An ignorant justice can.scarcely fall
OF being an unjust Judge; and unless the magis-
especially OF evidence, as well as moderately
skilled In applying them-he must reckon on
| being often placed In the most mortlfying cir
cumstances; on being puzzled, and rtdlculed
by an impudent pettitogger, and set at deh-
| ance even by criminal"
The truth of the above came more fully be-
fore the writer of this communication, when
reading over full and correct list OF the trial
Justices appointed by Governor Scott for this
county. In the entire catalogue there are but
few who have the slightest idea of the ele-
mentary principles Of law, and but very few
more the rudiments Of an ordinary education.
The purpose of this is to call public attention
to state of things which grows directly out
of Radical misrule, and to place the RESPONSE
bility of this retrograde movement In the
civilization of the nineteenth century where 1t
belongs-that is on the representative of that
party-Goy. R. Z. Scott, and to show how
much oppression and injustice can be done,
and Is, by the present system OF Trial JUS
tIces' Courts" not so much to the
white race as to the colored. It Is
true, the unfortunate white man, in
many instances, has been arrested at
night on some trivial mstter-made to
travel for miles through sickly country-and
after q ridiculous examination, is turned
adrlft in the email hours Of the morning, to
find his way home through swamps, bogs, rain
and storm, the best way he can. But before
going on this midnight excursion, he provides
himself with his sureties; prudently valves
examination, and enters into rec0gnizance to
appear at higher tribunal The colored man,
unless graduated in the mystic rights of the
League, and can give the grip and sign &C
cording to the manual, hears the delightful
music of the spheres Qegal) at the same
witching hour Of midnight-$30, $50, or 800
fine, with costs, or thirty days. imprisonment
In the county jail In the majority of cases,
he cannot give the necessary security for ap-
peal, and is forced either to part with his hard
earped savings, or go like felon into the
body of the common Jail.
A year or 80 ago ''straw bail" was allowable,
or the unfortunate was relieved by a certain
set Of Office seekers, whose names can be seen
to this day, filed away in the clerk of the courts
Office. Old things have past away, "straw
ball" Is abolished by law, the '.justice" must
'justify the bail" OF the culprit is committed.
Now this is the practical working of the en-
larged powers delegated to the ''trial Justice"
q power over the person and property OF the
citizens-and the class Of citizens who needs
protection most, and for the direct protection
Of whom most of the late laws have been en-
acted Take an opposite case. The poor unfor-
tunate, rather than enjoy the advantages Of
four hours education daily in the cool jail yard
draws slowly forth from the bottom of his
pocket his savings for months, thinks of the
many comforts 1t would have given his family,
with sigh throws the tub to the legal whale,
and departs, If not a better, feel assured
wiser man, as to the summary process OF at
tracing money from his pocket for some triy-
ial matter, which ignorance has construed into
an attack against the peace and dignity of the
State
Now, as to the next step in this illegal
drama" Do the county commissioners re-
ceive these fnes-or, what officer Or are
they held by the trial justices as on Offset
against their annual accounts, in case it may
not be convenient for the proper officers to
settle Does the Attorney-General overlook
their docket books as to amounts Of fines and
costs collected. and make rigid inquiry as to the
legality of the latter-the legal disposition of
the former =? II the above be not done, then 1
hold that in this day of corruption no person
Is safe from being levied on for a "black mail"
allowed and sanctioned by law. Not taking
into consideration the unconstitutionality Of
the Trial Justice act" which has been so pro-
nounced by one Of their own judges, charge
that the Governor (if he were the fearless Ex-
cutive his party would make us believel could
have made better selection-not that OBJ
ject to the majority being colored, but
that he, either freely and of his own ac-
cord, made the appointments of men, many
of whom are entirely incompetent, which Is
reflection on his judgment and patriotism; or
he acted under the pressure of League infu-
ences, and appointed only such men as were
selected and proposed in caucus of 'Loyal
Leaguers," held in the city prior to the first Of
May. If he has heen guided, in his appoint
ments, by the dictalion of secret political So
ciety-which the writer has reason to believe