The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-10-16

Nunnery. Madors Devigns, and VIM. Keenan, pass
ing counterfeit fractional currency. The parties
were indicted separately, and the case OF VIM.
Keenan, was first taken up, J. BARRETT COHEN,
ESQ.,. appearing for tho defence. h
Before the venire was called by the Clork, Mr..
COHEN stated that he had some objections to make.
he read the Orders under which che juries were
drawn, and stated that y jury so drawn was illegal,
Us it was not in accordance with the Constitution
OF the United States and the laws both OF the
United states and of. South Carolina. The
prisoner, who had the misfortune to be white, had
rights and was entitled to be tried by his peers.
me United states Court was organized for justice,
not TO deprive a citizen Of his rights, but
to give him a trial before a legal Jury.
The Acts under which these Juries were drawn
are unconstitutional. If the Southern States were
States, they still emain in the same condition,
and the war has not deprived them of their rights.
Certain parties, Governors, Judges, and others,
may have committed treason, but q State, being a
corporate body, could not. This State had o Re-
publican form Of government, and Congress could
do no more than continue the same. If ito rights
and its Constitution mad not been destroyed, thon
the Government Of the United States could not in
terfere, but could only restore the Government rs
it originally existed. Congress was not a consti-
tutional body, as ten States were excluded who had
10 representation. Force was called law, and op-
preston order. No roll of States was called, and
the Rump iegislated for the whole country. The
laws passed were vetoed by the highest executive
official in tho land, and in the veto it WAS stated
that the 80 called Congress was not capable of
suoh legislation, as they were assuming moro
than their functions.
The Constitution of tho United States saws that
the trial OF oil crimes, except impeachment, must
ha nv iurips and f1n,o ,,;oo ,.-.l l.. H.
State laws, and the case be tried in the State
where the crimo was committed. Mr.. COHEN
quoted a number Of authorities to substantiate his
position. and stated that the Act of 1910 was posi-
tive, beyond which even Judges could not 20. IL
directed that juries should be empanelled by the
existing laws Of the State unless a~ltered-not by a
hump Congress-, not by military rule, not even by
Judges, but by the Legislature. Tho Constitution
ana laws OF the State at different times was re-
rerred to, showing that the State laws as then ex-
lstng declared q free white man to be at ~electer
OF the Legislature, and under certain regulations
entitled to all the privileges of q citizen and a
juror. 1t was by these laws, and these alone. that
juries could be drawn and prisoners tried.
Inc District Attorney, in reply, said that the
united States Government adopts this law Of tue
state, 80 far as impannolling juries, and the law
then becomes a United States law. By the statutes
OF south Carolina, in 1857, all persons paying taxes
we're entitled to the privilege Of sitting ON juries.
he quoted from the Acts of Legislature in 1866,
which only increased theprivileges conferred on
citizens. The Counselhad stated that the Act of
Congress were unconstitutional, and spoke of a
State always preserving it's position as a corpo-
rate body. When war was declared the State
Government, the Courts, civil and judicial-onacers
ell united in renouncing their allegiance to the
United States. How, then, could the loyalty of
the State be maintained? The United States
guaranteed TO each State security from oppression
and violence. This the States ignored, and
seeding from the United States, formed q Gov
eminent of their own, which was not recognized
ny the United States, and war ensued. Major
CoRB1N referred to BISHOP on criminal law, which
explained at length the relation of tie States to
the Government, and their positions al The pre-
sent time.
The Civil Rights Bill was passed to &C.
cure the rights Of oil persons. IF the coloread
race are entitled to vote and pay taxes, they have
q right to sit on juries, and this right is guaran-
teed by q Constitutional Congress, and must be
granted. The Court has a right to regulate this
matter, and it has been done by the last drawing
of the jury list.
MI. 1. \. SIMoNs followed the District Attorney
in 9 very able reply. He laid much stress on the
Act or Congress OF 1910, and insisted that the
law not having been changed by the Legislature
OF south Carolina since 1859, at a time at whichi 1t
was not pretended that South Carolina was ont Of
the Union, the Judge was bound by the law as it
then stood. He also said that it was impossible
to p' etend that the Acts Of the Legislature bonnd
the State In one part, and the Acts known as the
Civil Rights Bill had no reference to conferrino
political rights. "
MIR. SIdoNs discussed the different chancos
made in the law by the Legislature, and showed
that the laws affecting jurors were the same, with
shght notifications. His argument was able and
~forcible, and We regret our inability to furnish
eveI. a synopsis.
Judge BRYAN reserved his decision, which will
be delivered to-day at II A. M.
IHE CITY FINANoEs.-We give below q commu-
nlcation from one Of our largest property holders
and most esteemed and influential citizens, which.
meets with our hearty approval. The move made
by Alderman. MARSHALL is id the right direction.
and if faithfully carried out viii produce results
which will be a source Of rejoicing to all good
citizens
(FoR THE NEWS. & gHi
The move OF Alderman MARsHlhn i'll Council Ito
bring the city expenditures within the receipts il
a move in the right direction. No individual, or
N' ~ oCAoA, nave u IlXQC 6lCler moral or
legal to expend more than they receive. This is a
fact established both by Divine and by human laws.
We therefore say INTERESTINGLY to the present
Council, go ahead aud raise the credit of your city
TO that point she is entitled; let your expenses be
less than your income, Do this and you NAV 90
out Of Office with some credit
VEST INDIA AND NORTHERN Faprr.lWe direct
the attention of the public to the advertisement of
Mr.. NJ. N. Klein, which appears in anrthsr column.
He Offers inducements that will please every one,
as his sales are quick and profits tight. Among
the articles in store are apples, pears, grapes, &C.,
all OF which have just arrived. An early call and
an extensive purchase is recommended.
1t you want cheap Blank Books;
II you want chsap Stationery, Envelopes, Pa.
pen, &C.; or, MILLERs' Almanac;
Vt you want Printing executed neatly: S
Hyou want Books bound in any style, or Account
Books made to order, with any desired pattern Of
ruling, go to HIRAM HAnRrs, Nc. SO Broad street.
I'-9tG. fl ~ t-