The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1875-04-24


entitled to the appellation of judicial dis
tricts. North Carolina, Tennessee, South
Carolina, Alabama, Mississippi, Georgia,
Arkansas and Iowa are tho States referred
to-"
The primal judicial districts, consti-
tuted Immediately after the adoption of
the Constitution, were NIL completely or
ganized. They all had the proper officers
necessary to the character and functions
of a court, judge, clerk, marshal Their
jurisdiction was Independent, absolute,
exclusive. Based upon the States, and
in large measure upon the distinctive
and several laws and law of each State,
they were necessarily limited to the ter
ritory of each State; and even when,
from the immense and sudden increase
of population and business, certain States
had of necessity to be divided, and inde-
pendent jurisdictions created, they still,
Q: iegai necessity, ias we hnvo seen,
based on State laws had to be adminiy-
tered as United States Courts, rs for the
different States in which they were held.
They could not escape from this distinc-
ton, 80 intimately connected and blended
were the State and Federal jurisdictions
they represented.
The profession md the Court aflS
greatly indebted to the defendnnt'8
counsel (Mr. Edward NcCrndy, Jr., } for
his exhaustive, critical and elaborately
technical essay upon the history and
character of the peculiar courts wo have
to do with in this case. With this nc
acknowledgement, gratefully made, the Dis
trict Judge is compelled to say, thnt after
the most careful perusal and considera-
ton of it and the legislation to which it
refers, he can see nothing in that legisla-
in I'D hoA Hor, I'll
that has been omitted to be done-which
could furnish stable ground for the con-
cluslon at which he arrives:' that South
Carolina is divided into two independent
Judicial districts, and that the Western
District (so-called) is District by itself
This conclusion is an inference drawn
from Legislation defective, uncertain and
contradictory, if regarded as ,chole and
to be used as furnishing rule and
standard by which to test the character
and jurisdiction of this Court.
1t would seem something moro certain,
inevitable and positive were required to
set aside the practice which has obtained
since the institution of this Court and
the other Circuit Courts of the State, and
the great weight of authority which sus-
tains that practice; it having received tho
sanction of Mr.. Justice Wayne for more
as also the late Chief Justice of the United
Statos, and also tho learned and distin-
guished Judge who for 80 many years adj
ministered the Federnl justice Of South
Carolina.
And when we consult expediency, and
look to the work that this Court and the
other Circuit Courts have to do, it will
appear that only rs ,ohole and paris Of a
common system, can they best effect the
end for which they were created. It can
not be wisely forgotten that the Federal
Circuit Courts were instituted to furnish
to the citizens of the United States in
every State the same justice in each State
that the citizens enjoy among themselves,
and equal facilities for obtaining that
Justice. They have to compete with the
Circuit Courts of the States, aud provide
tor their suitors not only the same rene
dies but these remedies as promptly fur
nished as by the State Courts. The
United States Courts must do this, or
cease to- be effective and fail of their OBJ
ject. To apply this: If the Circuit Courts
are, limited to Columbia and Charleston,
suitors in these Courts have but two
terms in the year in which they can OBJ
tain Justice; and if the Circuit Court held
in Greenville is shut up to Greenville,
the suitors in this Court have but ono
opportunity in the year, and o continu-
ance works year B certain postponement
OF the cause. When it is remembered
chat the Circuit Courts of the State of
common jurisdiction hive three terms q
year at which judgment can be had, it
will be obvious at what disadvantage
suitors, even in Charleston or Columbia,
pursue thoir remedies in the Federal
Courts; and those in Greenyille have
such scant opportunity, and 80 tardy, as
almost to amount to q denial of justice.
And if. besides this, the jurisdiction were
exclusive, and suitors compelled to go
there, the Court might we'll be considered
an asylum to all defendants, and delu-
sion and snare to all plaintiffs
In connection with the idea of eq,.al
despatch in the Federal Courts, in COM
petition with the State Courts, as enter
ing materially into an equal remedy in the
United States Courts, as contemplated in
their institution, it il q pregnant fact that
wherever, by the law governing the State
Courts, an Importance is allowed in the
State Courts, an Importance is, also, by
Federal { 1st Brightly, p. 1874, Sec. 10, }
enactment, allowed in the United States
Courts, and Uice versd; thus insuring per-
feet equality in the progress of causes in
either class of Courts, and securing, in
the vital element of time, like opportu-
nifty to suitors in both judicial forums.
Holding this fact in view, what can be
thought of a United States Court, which,
not standing alone, as in q territory, but
established in an ancient State, with q
complete system of courts, fully organ
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