The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-01-15

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yis.d sstu.ss Of tho s.sts which ro1n in tho main,
hsgs bundle OF LEGAL nsonsss!tis. and eSniliot with
II p.sanoe, as a as.sstisa r. len Il psipsSie Violation
Of . constitutional provision which Is essential
ofenssb before tAe law tho following from Chapter
upon the ground Of q variance between the tndIct-
ment and the proof Orupon an exception ~ the fvrm
ssnin on now indictment and tried and convicted for
tho same ofeaset notwithstanding such former
This is In direct conflict with the State
which declares, in Article 1st, Section 49, "No per.
som after having been once acquitted NY jury shall
again. for the .a'no oensc, bc put in jeopardy Of his
These Statutes contain much that is redundant and
rniy acknowledged as obnoxious to our present ad.
vanced stage Of civilization.
in q public church between persons Of lawful a:e
freely conscntins thereto and celebrated in duo roll
lowod by an act which is usually imIos,i bic OF
judicial proof
deem it proper also. to call your attention to tho
fact that the General Assembly VI 1S7i72 exceeded
It's constitutional powcrs in tho adoption or Section
10 and 81 Chapter 1s Of tho General statutes rs re-
~
have boon made In the legal boundaries Of certain
Counties in tho State. The General Assembly have
power to change the boundaries of tless Counties.
Their boundary lines must remain us they were when
the Constitution Of the State adopted oil chunges
saon @ ' witch decssss seetion rele eS saa as o
lows; ,.,., ,,..
mated as Counties, and the boundaries Of the several
Counties shall remain as they are now established,
except the County Of rickcna"
prUylso In the Slinc Section authorizes tho Cen
cral Assembly to organize new Counties By changing
the boundaries Of Of the old ones; Lut the pro-,
posed changes do not fall within that provision not
being incident to the organization Of nny
County
In accurlanco with the wishes Of the pcoplc on this
important subject ur which nm reminded by tia
dnily receipt Of letters from u parts of The Sntc,
TIM, the General Assembly provide ty
the law" whose duty It shall be to revise nnd smp.
lily the Code Of Procedure and the General Stnutes
and to render them moro In accord with the peculiar
needs Of our people thnn they present. re-
commend TINT tar the payment Of the sares of these
gent expenses attendant upon the performance ofeir
work, the sum Of fifteen thousand dollars be appro
plete,l, md report thereof made to the General
Assembly within ono year from the date Of their mp
pointtnent
The costs attendant upon the administration of JUS
tice, us between man aud map simply enormous
under present fec BILL and arc rnplily conveying
the erroneous impression that under our boasted form
Of republican government the poverty Of people
has been entirely forgotten,
From report on this subject made to me- at my
request by Mr. James A. Dunbar the efficient nssis-
tant In the Office Of tho Attorney General quote tho
following:
Under the old system. in oil ordinary actions
where the amount sued for exceeded ss57 the taxed
costs up to Judgment and execution were ill when
tho cases were litiSned these costs amounted not
less than $l6 and seldom more than S20
"When the amount was under $S5.TI, the taxed
cost did not ordinarily exceed $5.
"Undcr the Code, in ordinary actions whore thu
amount sued for 10 S10O, or more, the taxed costs
trial from ssS so as the case may i Le T Ta ',syr say
that the costs under the Code from three to three
and half times as great as they were under the old
system Is to express the ratio Of increase in moderate
"Upon the subject Of appeal, the Code requires the
appellant to give undertaking double the amount
Of the decree, or judgment appealed from. This
seems to be harsh provision or tho Code, Tor this
could readily obtain On undertaking t" indemnity the
appellee for any damage hc might sustain by
os such appeal the undertaking required by the Code
makes the sureties OF the appellant responsible for
the entire amount Of tho decree Judgment thus in
many instances rendering It utterly impossible for
bond Ths result "f this is. that many cases Of np
peal from unjust and illegal DEGREES ind Judgments
For tho protection Of the rights Of tho poor man.
who should be especially cared for by the State, re-.
bringing before The Courts Of civil action n 1orma
Is, that when sitor Is really unable by
reasnn Of his pevery pay costs beforehand or to
ter into bond for the payment OF the same should he
BIO "cast in the action e bo allowed begin his suit
by making affidavit before tho proper officer Of tho
pay costs beforehand or to give bond for the
thereof
ENCOURAGEMENT OF MASuEAcrrRIs
It lsa matter Of vital and growing Importance that
tho General Assembly should encourage and foster the
establishment Of oil classes Of useful manufacture
In this State Especially is 1t essential to material
prosperity TINT the manufacture Of cotton goods
among us should be speely and largely increased.
The more varied the Industries of people are tho
more general Is their prosperity. by diversity Of
occupations all kinds Of labor supply nre utilized,
and thus employment Is given to thousands Of men,
women and children who would otherwise be uncIn-
pOyed In any beneficial pursuits
Authoritative statistics warrant the opinion that
not less than nine millions of persons In the United
States, nearly fourth of the entire population
derive their support. directly OF Indirectly from
manufacturing employment.
The proportion Of that class in this State Is exceed.
tnSly small as is HlsU the number who rent
lands, while the number Of agricultural latorcrs Is
enormously great.
According 10 the United States census Of 1870 tho
whole nllmbor OF persons engaged in agriculture In
! South Carolina is rs follows:
Agricultural lahorcrs -. ............... 163 52S
anu planters 42,5l6
fnrn ani plantation managers. s.............. l19
t)alryfncn and dairywomen. ............ l6
Gardeners, nurseryncn and vine growrrs.... los
Stock rMSers. ACKNOWLEDGEMENTS.
s.toSh IS
iuTpentlne FARMERS. .
iurpttltlhe !noorers. 240
.2Ub.G5I
The whole number Of people employed rs
operatives In cotton and wonlrn manufactures is
only 1904, or less than In 700 Of our population