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

Omissions q pgeyislons which arc necessary
B sssssSos shs e0nps' who's as i''ts pF9's'ssd
siS NsnslYs amendsen,s, e, = the. the a4s h.ye
nf "a All eap Of 8 Sodes d
70 retain !. In DE ih our Courts. E.,
Ss i1e sie si
q PEoesdure," ase orc atiy supplemented BY tho Re
the In shs MAIN
i,a..snss a iiiss.s:a .i q esIPaSis violation
safeguard for tho rights Of citizen accused Of any
onense before the law, tho following from Chapter
- ASEoriox B. II .persoa ID Ills trial acquitted
upon the ground Of variance between the indlct-
or substance Il tho Indictment, he ay be arraisned
agnin indictment aud tried and convicted for
the same ofcnse, notwithstanding such former
This is in direct conflict With the State
which declares in Article 1st Section 49, "No pcr.
son, after having been acquitted by jury shall
again. for the ts'no ohenso be put in jeopardy Of his
These Statutes contain much that is redundant, and
long since properly obsolete. and much TINT lis gene
rally acknowledged as obnoxious u our present adj.
For example nccurdng to Chapter 90. n marriage
in public church between persons OF lawful age
freely conscnns thereto, and celebrated in due rci.
gious rn is not to bn considered lawful unless fol-
lowed by "n act which Is usually impossible Of
deem It proper also to call your attention to tho
fact that the General Assembly VI ls7i-I2 exceeded
It's is constitutional I'll payers in the adoption or Section
vsetl, by the provisions Of which Sections changes
have been made in the legal boundaries Of certain
power to change the boundaries of these CGunties
Their boundary lines must remain us they when
in them being expressly prohibited Ly the sad Con-
stituton, which declares In Section 3 Article fol-
"The judicial Districts shall hereafter be dcsis.
mated as Counties and the boundaries of the several
Counties shall rcIIlan as they established,
except the County Of Pickens."
provso In tho same Section authorizes the Gen.
cral Assembly to organize Counties by changing
the boundaries Of Of the old ones; Lu. the pro:
posed changes o not fall within that provision, not
being incident to the organization Of any new
County.
In accordance with the wishes Of the people on this
important subject, uf which reminded by thu
daily receipt Of letters from all parts Of the State
rrco1nnrnd that The General Assembly provide by
law for the appointment Of three persons, learned in
lily the Codc Of proec,iurc and hr tirncr. saintrs
and to render them moro In accord with the peculiar
noels Of "nr people than they ARE at present.
commend that tar the payment Of the salaries Of these
Commissioners and for the liquidation Of the contin-
gent expenses attendant upon the performance their
priacd Proride, That their Ia,,ors be fully COM
retcd, and report thereof made to the General
pointmcnt.
The casts attendant upon the administration Of JUS
tice, between man aud maD, simply enormous
under present fec bill, unl are rapidly conveying
the erroneous impression that under boastcd form
Of republican Govsrnlnent the poverty oil "ur people
has been entirely forgotten
From rcpor, this subject made to me, at my
request, by Mr. James a. Dunbar, the efficient nsss-
tant in the Office of the Attorney Gcneral quote tho
following:
Under the old system. in oil ordinary actions
where the sued f'r exceeded s,5Il The taxed
costs up to Judgment and execution were iii; when
the were ti:atcd these costs announced to not
when the amount WAS under $S5.TI, the taxed
cost did not ordinarily exceed $5.
"Un'cr the Code, In ordinary actions, whore the
nn,onnt to between s35 and $40 up to trial AMI after
trial from $50 t" go, as the may be. To say
and half times great they were under The old
system, is to express the ratio Of Increase in moderate
terms.
upon the subject Of appeal, the Code requires the
appellant to give All undertaking in double the amount
Of the decree, or Judgment apIraleti from. This
seems to bc harsh provision VI the Code Tor this
reason while tho appellant in nearly every case,
could readily obtain nn undertaking to indemnify the
of such appeal the undertaking required by the Code
makes the suretes OF the appellant responsible for
many instances rendering u utterly impossible for
the party desiring t" appeal to procure the required
peal from unjust and Illegal eersrs a %, n
arc abandoned.
For the protection Of the rights of the poor man,
who should be especially cared for by the State
commend that n Act lie passed providing for the
bringing before the Courts Of civil action in torma
reason Of his p"vcrty topny Gusts beforehand to
ter into bond for the payment Of the same should he
BY making affidavit before the proper officer Of tho
Court, that snch poverty renders him unable either to
pay costs beforehand or Ia give bond for the
thereof.
ENCOURAGEMENT OF MANUFACTURED
II sa matter OF vital and growing Importance that
tho General Assembly should encourage and the
establishment Of all classes Of useful
in this State. Especially Is it essential To material
prosperity that the manufacture OF cotton goods
among us should he speedily and largely increased
The moro varied tho industries of people are the
more general Is their prosperity I5y diversity nf
occupations all kinds "f labor supply utilized,
and Thus employment is given to thousands Of men,
women and children who would otherwise be uncll-
ployc,! q any beneficial pursuits
Authoritative statistics warrant the opinion that
hot less than nine millions Of PERSONS in the United
States nearly fourth VI The entire populations
derive their support directly or indirectly, from
manufacturing employment.
The proportion Of that class in this State Is exceed
ingly small. Is msu the number who own or rent
lands, while the number of agricultural laborcrs Is
enormously great.
According To the United States Of $50 the
whole number of persons engaged in agriculture in
South Carolina is rs follows:
Agricultural lahorcrs -. Observation-Disclosures 1,i3 !2S
Fnriilcr5 ami planters ................... I2,t46
FarIn anu plantation managers. ............... liz
IalrEint anu dairywolilcn. ............. ID
Gardeners, nnrscrymcn and vine 2rowvrs.... los
Stock raisers Observation-Disclosures. =
Stock hcrdcrs .................., Is
Tnrpcntinc flrnlcrS. Observation-Disclosures. 3
lurl"ht!nc inbWers.. ..................... 240
Total. ...................... .2u6.t5l
The wliule number "f people employed rs
operatives in cotton and wnnlrn manufacturers is
only lnt4 less than | in # ,ur Io,uI,ti.,u