The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-10-17

"og. oihhC HAchahRe on new YORK a ! por cent.
AUGUSTA, October 1G. Market active sales, C2s
oIiss; Mlddl1 Ra,, 1eac;; receipts, 7io bales,
holders and sellers were not able to agree, sales,
AGO bales receipts, 210O. HY G'
Opinion OF Hon. George =. Bryan, Declar H.
ang I2econstruotion Acts "a nd Civil Rights
BAn Constitutional.
UNITED STATES Indictment for
KEENAN,. passing Counterfeit
Messrs. }. Barrett Cohen and Thos. Y. Simons.
having challenged the array on several grounds,
among others the unconstitutionality Of tho Acts
OF Congress on which the ordor to draw tho Jury
was based. n. wv gs 4g.
ness that we are gatheredEin this court Tot1ses md
in a Court in direct relation with the highest au-
thority in the United States and the highest Judi
whatever INDICTMENTS rendered, have been in ac-
%cordance with the law. 1t is a matter Of great re-
lief that the Judge is not above the law, that he is
a minister Of the law, and a subject Of he law.
Touching the practical issue in the case Of the
young man to be tried by a jury under the law Of
s Sou u GarG 9h9 e,,and who vas arraign4ed III accord
now drawn are of the same class as those who
would have tried him previous to tho war. There
is no question Of substance; the question prncti-
cally is not raised, as it might decide that there
were those i'll tho PANEL not properly there. If
any co9lored. person were there, counsel would
hnV ~ AlSAU " IAdllSuBo. IL ID LNou DTlV1I0RD,
however, to make objection to the array. I shaI
not go off on a side issue, but will meet the ques-
ton as made, though I would have preferred hat
IT had been presented before one more able. 1t is,
however, my duty to meet it, M
Before entering into the matter I would say
we must deal with what properly all concede,
trainers of the Constitution. We are compelled to
enter new paths, and consider new conditions,
and resolve new problems as best We may, Allu-
at recent elections. They may decide questions
fairly. in another sphere with the views that I en-
terrain. do not regret those indications, but I
cannot recognize them in the Court House. L
cannot look to minorities or maiorities, or the
Politician pol H e must look to lay, and nothing but
is but breaking, ground. Not to-day nor to-mor-
row is this great question to be settled. We must
DC governed by experience, and will have to take
counsel rom times to come, and Liquidation will
have to be framed by experience.
To show how little a Judge ought to be guided
L L Win EHG be- G 9eme1nbe ere II sh latt wS Ssni a g sss5I q, 1w 81
great character moved in the C6nventionstlat the
right of t~estifying be conferred on the negro, it
was doubted whether he had lost his sanity or his
vanity; yet a little later Legislature granted this
right, and it has been regarded as an aid to the
colored man and an injury to none,
tio moT mat + y nnder r1e Hov ., norfd Psp,w wa ta tne oonven-
Constitution, for the future, the colored people
were cut OF from every political right, and its
provisions were limited to White men. That wa
the sense of the people then-honest sense doubt
less. 1t is also known that within three months a
SOLDIER, second to none, beloved and respected,
ed, and WAS willing to accept for himself and the
colored man impartial suffrage. These are exam
pies; judge what it is to be swayedby the opinions
such an uncertain guide, who will depart from his
duty and become all unfaithful minister Of the
o laT Z isssia I 76ssg e. a 4eka5 5H %sishsss. and whose
The question is made on the order or Court;
dated June 23, 1867 \.
ed by the 5IerG q the Court and The t6nited States
Marshal that il is impossible to obtain the returns
OF the Tax Collectors before the close of the pre-
On motion Of D. T. Corbin, United States Dis
trict Attorney, it was ordered that the Clerk and
Marshal make up the Jury Ists from returns Of the
accordance with the order Of june 2s, 1867.
"It will be observed, therefore, that the first ele-
ment sno order has been based upon the State
Laws, i. e the LAWS of South Carolina modified
by Acts Of Congress. Another point is consider
ing it as to the qualifications of jlrors. The only
point then to be dealt with is the first part Of the
The question to be considered is the qualifca-
ton under the laws Of South Carolina, as modified
by the Acts Of Congress. BY the laws Of Congress
unless otherwise changed'by Congress-. The diff
hculty arises in the fact that we arc not in the re-
gular condition conceded by al, ,. AL the close of
rolina; no official had taken the oath OF allegiance
to the United States, andithe Court required that
oath. IT was not possible for the Legislature,
ment Of the Constitution, unless they haa taken
an oath 20 support it; there was consequently no
legal government in South Carolina. ~
the State, who held office in hostility to the Gov
ernment of the United States, appointed i pro-
visional Governor Of South Carolina. In 80 far as
the Executive Of the country had the power to
restore the State to the Union it was restored.
This brings up the question whether one branch
Of Government could do things binding on the
State and country and the question whether he
could DO it without the consent Of Congress-,
which is the political depository. In my judy
mont the President could not do this. The Gov
mover acceptedthe State as restored to tie Union:
they have done tentative acts, but nothing finally.
The State is in a provisional, condition nnder
disabilities, the Constitution OF the State is, there
fore, only permissiye by Congress-, and it is COM
petent for the people to accept the State as Cali
fornia was accepted, and whenever the President
admission to the Union we Vii RHi'i lave ! sf ikea s "a 1nl
Until so accepted by Congress we cannot have our
old relations OF authority as q State in the Union.
maent was restoration. 7 accept that Do tfue-as iar
as that Ia possible, but the past cannot be restored,
since the legislation Of Congress of 1910 and the
1 Ssao osas flss 30 t q ssasa 9ss s. 1sSya t esst saef s. has sss
he hes become o freeman and a. voter, that Is to
say Under the provisional government, which, fol
South Carolina. Until the a~cception Of the State
provisional government, and the Question Is what
/ Judgeis to- do at such o time and under such q
condition OF things. The two elements required
by Law IRE that q man shppld hs o citizen and as.
sessedYorspf6petty. GbinA negfoes i'm this State
have property, and are voters, end as property
Now, 10 the law OF 1910 satisfied; IL not satisfied
in letter 1t to In, substance. How ig a2Jndge to act
in regard to q citizen who is q voter under the only
existing Government Z How can o Judge deny
men Id South Carolina Over Tie Law o& Oongressin
1.-THE transition state in which We now are, the Act
OF 11SSasG lIt.sto bind; bit, as g Judge, I am hnnnd tr
look at the substance Of tina Act. ]. must look al
such legislation or the State 90 is unchanged by
States Government recognizes the Stats Govern
| opinion Congress- has done that which implies
| such change, and imposes on the Judge o duty
| which he cannot escape, o duty to conform hi
/ ruling to the deductions which are inevitable
from the Government existing. at the. presen
time.
The Government OF the United States havinf
made the colored man o citizen and o voter, hi
having the proper State qualification, has q RICH
to sit onjurieDIn thu Provisional State. Underath,
law under which we at present live, which is para
mount, the negToshaS o. fightt0 vote for. ell officers
and taken in connection with the Limitations 0
the State Goaatitution not set aside by Congress
n nsn has t ef II sss Cd gESP sssS S Ss5sist e u ss q auf :
made for this particular condition of 4thihge. N
one can say how 1ongit will endure, and in tn
meanwhile provision should be made for the actna
condition growing out OF the absence Of conatitn
I1iotfal government, aeceptedlag1 such by the Gov
eminent Of the United States, composed of tn
Executive and the Legislative, the proper deposl