The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-02-07
COLUMBIA s.. &C,
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Are We TO Have No Courts

As opr.readers know, upon the assem-
bling OF the court. last Monday, it was
discovered that through. some mistake,
the juries had been drawn at time
earlier than that prescribed by law.
Counsel for Robert Cooper, defendant
in action before the court, moved that
the panel be set aside, upon the ground
that it was not lawful jury. The ques.
.tion was argued Tuesday, the same coun.
sci maintaining that the provision OF
law, prescribing definite time for
choosing the jury, was mandatory, and
that its exact enforcement was necessary
to the Legality OF the jury. It was
argued, on the other side, that this direc-
tion concerning time was not essential.
that Sit, wasi directory merely, as is the
CASE with NIL provisions which concern
time, place and form. The jury was q
good one, and no mans rights were
likely to be put in jeopardy by it. On
Wednesday morning. Judge Carpenter
announced his decision that the objec-
ton was good one. and adjourned the
court for the term-it being impossible
to empanel any jury OF all under the law
as it stands. So this accident is held not
only to invalidate the jury which has
been chosen, but it makes the jury law
.iteelf inoperative for the time being, and
FAmporarily dispenses with court OF
Justice.
. N0W this is an unfortunate circum-
stance, and has an ugly look. The citi-
zen who appeals for Justice, the accused
WHO is kept in the pains OF suspense
until his case is heard; find the doors of
. the temple Of justice shut in their faces.
1t Is pEaotioally denial Of one of the
nIost! importapt rights Of. man, coming
down to us, we believe, from the Bill oi
Rights. or Magma Oharta itself-that oi
q speedy trial. The aocumulations oi
wrong done. the criminal accretions oi
injustice and enoroaohments upon Law
and order. are to- be let alone, still tc
enlarge themselves and to extend and
tester. The security which society de-
rives from the periodicah purgation o
the courts is withdrawn, and legal re-
sponsibility Tor bad conduct thus being
suspended, the law ia no longer terror
to evil-doers. It ceases also to be pro
tection to the weak and humble. who's,
rightR may be intruded upon, and WHIT
cannot protect themselves.
In addition to these general cons ide
rations. which effect the rights of al
citizens, and concern the order and we'll
being OF society, there is special reaso,
Why the court should be- held. which ad
dresses itself With peculiar force to th,
Legislature. It is the only power ths
can counteraot tho consequences OF th,
accident or mistake OF drawing the iur,
at the wrong time. Immediately afte
the sIpction of Senator TO the United
States Congress, and on the day that i
was proclaimed that J. J. Patterson hat
been chosen, certain members of til,
House of Representatives preferred
charges Of bribery against him, sustained
by hffidayits. The proceedings tool
place before Trial Justice. and the re
cognizanoes to appear we're duly entered
andfmade record upon the books of th,
Clerk of the Court. The affair made
great noise all over tho country, and no
only are the honor and character OF th.
accused party involved, but those Of tn,
Legislature itself. It is bound, in som,
way, to sustain the charge of its mem
bers. If they arstrue, or brand them al
false. il they are false. 1t is bound t.
defend Itself from the taint of the &C
ousation OF an impure election, or t.
have the stigma indelibly fixed upon it
1t should be more unwilling than tn.
community outside, to leave this case al
1t stands, undetermined and untried
We should think that the parties inte
rested, those making the accusation, and
Who are charged with falsehood in doing
1t; 40 we'll as the accused, would regard
it as vital to their integrity to have the
matter sifted to the bottom without de-
lay. We do not undertake to prejudgt
the case one way or the other. We onl,
insist upon tho trial. and in doino on uo