The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-01-20


court met at 10 A. NJ, and the juries being
present, the prisoners indicted on the previous
day were arraigned. In the caHe OF George
Duffe, charged with murder, his counsel, Rob-
ert Chisolm, Esq, objected to his client plead
ing, on the ground that the grand jury was
drawn illegally in not being composed of white
tax-paying citizens, competent 20 vote for
legislature. The Judge overruled this objec-
ton, when Mr. Chisolm stated that he would
resume his objection to the Petit jury and
challenge the panel when the casa came up on
Friday.
A number of civil motions we're argued,
which consumed the time Of tie court until
70 o'clock, when the grand jury made the fol-
lowing presentment, which We read by the
foreman, Mr.. John Hanckel:
COURT OF GENERAL SESSIONS AND COMMON
pLEAs-cHARLEs1oN DIsTR1oT-JANUARY TERM,
1868.
We, who have been summoned, and desig-
mated as grand jurors, and acting by compul-
sion as such, but solemnly protesting and de-
claring that we are no lawful grand jury of the
country, do make this our presensment.
We present the organization of this grand
jury as unlawful. There are persons sitting
with us as grand jurors who are not here by
the law of the State of South Carolina, or by
any law emanating from any cone titutional au-
thority. In making this declaration We cheer
fully bear witness to the good character and
upright conduct Of these two highly respecta-
BILE persons. We are glad that we can make
this our declaration and protest., without, in
any way, impugning the character or wound
ing the feelings of these particular individuals.
But the power to place these persons in this
position implies the power to place more of the
same class there. II implies the power to
place those there who do not possess the same
qualifications. Above all it implies the power
to deprive the constitutional Slate of South
Carolina of the right to decide who are quail
fed TO administer her laws in aer courts OF
justice. Against this power we solemnly pro-
test.
Our organization being thus unlawful, we
have nevertheless thought it ou. duty to con-
slider the indictments which have been given
out to us, and to find true bills on some indict-
ments for capital offences against certain
persons whom we have presented for trial.
we have done so because when such persons
have been indicted we have desired to throw
around them all the safeguards and protection
in our power as citizens; but we do solemnly
protest and declare that, If such persons are to
be tried and executed, they will be tried and
grand jury, and, therefore, without warrant OF
law, and that those who execute them will do
so on their own individual responsibility, and
at their own personal risk, and that they will,
in our judgment, be guilty of tho crime Of put
ting to death citizens without warrant OF law.
Ne desire to bring to the attention Of the
court that taxes are about to be levied on the
citizens Of this State without sanction Of law,
and in violation OF the great fundamental
principle Of Anglo-Sa1on and American liberty,
which declares that the people alone have the
right to tax themselves through represents
tives chosen by themselves, and that taxation
without representation is usurpation and
tyranny. Against the exercise Of such power
we do further protest.
Honor, the presiding Judge, that by an acci-
dental error in the language Of the present
law, as interpreted by the Court Of Appeals Of
this State, white citizens cannot be tried In the
Superior Courts of this State for offences not
capital, but such offences OF such white citizens
must be tried in the Inferior Court, without
the presentment Of grand jury and without
a jury Of twelve men, while negroes can be
tried in such Superior Courts with all the safe
guards they afford. The rightH Of our white
imperatiyely demand that this
accidental error of legislation should be reme-
died.
We have given to the condition Of the poor Of
this district the grave consideration which the
Of the subject demands. The
degree and extent Of the destitlltion which e1-
lists amongst US, cannot be understood abroad,
and is scarcely realized by ourselves. Our
country devastated, our people plundered, our
industry disorganized, we were left at the close
OF the late war, to encounter difficulties which
were almost insuperable. To this has been
added unpropitious seasons fo1 our crops and
the insecurity Of revolutionary agitation and
strife in our society. This condition Of things
has reduced thousands Of all classes to a state
Of poverty that is truly wretched and seriously
alarming. Something ought and must be done
to relieve these suffering poor. So great anG
is the poverty and want of our whole
people that We fear the resources Of the Stale
are inadequate to provide for the necessity.
We earnestly hope, however. that no effort
will be spared, to feed the hungry, to clothe the
naked and shelter the homeless Of every class
race and color, who are deserving of aid and
cannot help themselves. 1t is duty which
humanity and our highest interest alike appeal
to us to discharge. But while we say this, we
sincerely trust, that those who are strong and
healthy and able to work will lie expected and
to support and care for the aged, the
young and the sick relatives, tn whom they are
bound by the ties Of nature, and whom religion
and society equally expect them to provide for.
If they will not do 80 voluntarily, parents must
be'compelled to support their children, robust
sons must be made to take due care Of their
aged parents, and in genera. those who can
must be expected to supply the necessities
OF others, whom sickness, misfortune, the obli-
cations Of natural affection, and the laws Of
all social life have cast upon tile bounty, which
they owe as a duty. This il the rule which
in all civilized countries, regulates the dispen-
sation OF all private charities, and the admins
tration Of all public relief. II is the only rule
htyru
with a promiscuous horde of paupers.
1t is the only way, especially in the
present impoverished condition of the State,
in which we can hope to make the scanty
means OF public relief adequate to the legiti-
mate objects proposed. We again earnestly
recommend that some method should be de-
vised, under wholesome regulations, by which
the really deserving, but unfortunate and
afflicted, shall be relieved.
try is an evil that should be remedied. IF the
depredations upon them continue to the same
extent as of late, our portion Of the State will
be entirely deprived Of this source of profit
and subsistence indeed, Ito q great extent, it
is now so, and we must depend upon other
sources for furnishing that which can be raised
amongst us, ut little cost and to great profit,
if properly protected.
We have visited the publ, buildings. The
courthouse requires some small outlay in re-
pairing the windows in the room of the Court
of Appeals, and stopping few leaks in the
roof. stove in each OF tie rooms provided
for juries would contribute very much to their
comfort.
We found the jail in a cleanly condition,
and the welfare of the prisoners cared
for, their food to be ample and prop
erly prepared, and due regard seemed to
be had to their safekeeping. We would,
L F..