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


UNITED STATES DIsrRIcf CoURr-HoN GEoRGL
S. BRYAN, PagslDma. United States rs. ElNa
Nunnery, 0Iadcra pevisue, and Vim. keelan, pass
ing counterfeit fractional curr.ncy The parties
were indicted separately, and the case OF VIM
Keenan, was first taken up, J. BARRETT COHEN
Esq. appearing for the defence.
Before the Nenire was called by the CLERK, MI
COHEN stated that he had some objections to make.
He read the Orders under which the jurles were
drawn, and stated that jury SO drawn was Illegal
as ii was not in accordance with the Constitution
OF the United States and the laws both OF the
United States and of South Carolina. Ihe
prisoner, who had the misfortune to be white, hau
rights and was entitled to be tried by his peers.
The United States Court was organized for Justice
not to deprive a citizen Of his rights, but
to give him trial before. a legal jury.
The Acts under which these Juries we're drawn
are unconstitutional. If the Southern States We're
States they still remain in the same condition,
and the war has not deprived them OF their rights
Certain parties, Governors, Judges, and otners,
| may have committed treason, but State, DenS
corporate body, could not. This State had ne
publican form of government, and Congress could
do no more than continue the same. II Its rights
and its Constitution had not been destroyed, theh
the Government of the United States could not In
terfere, but could only restore the Government as
1t originally existed. Congress was not cohs''-
tutonal body, as ten States were excluded VINO had
no representation. Force was called law, and OPP
preston order. No roll of States was called, anu
the Rump legslated for the whole country. Inc
laws passed were vetoed by the highest executive
M in no md md in q
that the so called Congress was not capable OF
such legislation, as they We're assuming more
than their functions.
The Constitution of the United States says that
the trial Of all crimes, except impeachment, must
be by juries, and those juries must be drawn Dy
State laws, and the case be tried in the state
where the crime was committed. Mr. COHEN
quoted number Of authorities to substantiate his
position, and stated that the Act of 184O was posi-
tive, beyond which even Judges could not go. It
directed that juries shonld lie empanelled by the
existing laws of the State unless altered-not by
Rump Congress, not by military rule, not even by
Judges, but by the Legislature. The Constitution
and laws of the State at different times was re-
ferred to- showing that the State Laws as then OK
listing declared free white man to be an electer
entitled to all the privileges of citizen and
juror. 1t was by these laws and these alone, that
juriss could be drawn and prisoners tried.
The District Attorney, in reply, said that the
United States Government adopts the law OF the
State, SO far as impannelng juries, and the law
then becomes United States law. BY the statutes
of South Carolina, in 1857, all persons paying taxes
entitled to the privilege of sitting on juries
He quoted from the Acts Of Legislature in 1866,
which only increased the privileges conferred on
citizens. The Counsel had stated that the Act OF
Congress were unconstitutional, and spoke OF a
State always preserving its position as corpo-
rate body. When war was declared the State
Government, the Courts civil and judicial officers,
all 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 Gov
ernment of their own which was not recognized
by the United States, and war ensued.' Major
CoRBN referred to BIsHoP on criminal law, which
explained at length the relation Of the States to
the Government, and their positions at the pre-
sent time.
The Civil Rights Bill was passed to Sc
euro the rights Of all persons If the colored
race are entitled to vote and pay taxes they have
right to sit juries, and this right is guaran-
teed by Constitutional Congress, and must be
granted. The Court has right to regulate this
matter, and it has been done by the last drawing
of the jury list.
AIR. T. Y. SIMoNs followed the District Attorney
in very able reply. He laid much stress on the
Act of Congress OF 1910, and insisted that the
law not having been changed by the Legislature
of South Carolina since 1859, at time at which it
was not pretended that South Carolina was out of
the Union, the Judge was bound by the law as it |
then stood. He also said that it was impossible |
TO pretend that the Acts OF the Legislature bound
the State In one part; and the Acts known as the
Civil Rights Bill had no reference to comforting |
political rights.
Mr.. SMoNs discussed the different changes |
made in the law by the Legislature, and showed
that the laws affecting jurors were the same, with
slight notifications. His argument was able and
forcible, aud We regret our inability to furnish
even synopsis.
Judge BRYAN reserved his decision, which will
be delivered to-day at II A. NJ.