The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-10-24
A JUDICIAL FIREBRAND.
MFLAMMAT0RYR RADICAL HARANGUE
FROM TIE BENCH.
Judge II. j. Mackey's Charge to tho
Grand Jury OF Chester, October al,
1874.

Judge T.. j. Mackey's Charge to the
Grand Jury OF Chester, October 81,
1879.
Gentlemen of the Grand Jury-At the com.
mencement of the present tenn, which was
begun on the first Monday of September, and
thence adjourned to this dizzy, I charged and
%admonlshed you generally upon your powers,
your duties and responsibilities. I then took
occasion to refer to the causes that led the
Government OF the United States to intervene
with It's military aud juulcinl power for the
protection OF American citizens In this State
in the free exercise of their unquestlonable
civic rights. / need say nothing further To
vlndlcate that intervention. 1t was timely,
merciful and just.
I shall now charge yen specially upon the
matters to which, is your Dounden duty 20
Immediately give your most dlligent atteh'
ton.
Gentlemen of the grand jury, you are watch
men, stationed to survey che whole country,
and by your action to check, and bring to
mer!trd puneihment, all who dare to Invade
any right of person or property. You are inc
eye OF the law. Nay more, you are the right
arm of the law. You can bsr or unbar tne
gates of Justice. Ii you fall, then all the agen-
cies that the law provides for the protection OF
society must also fall, and the court Itself 10
Waue Lue palaiyAeu speototeA 'Ao ""P
OF crime.
shall now point your attention to events
which traOspired 10 this county about
eighteen months ago; and which demanded,
but never received, the confederation OF this
court; and which being 10 their nature then
exclusively within the jurisdiction OF the
State, have not been acted on by tine FEDERAL
courts. In the month OF March, 1871, a num-
BIER of citizens of the State were slain by q hre
- -.,ol,.trn opl niofnla nm the uuhlin l1U1s
way In this county. They we're slain In an
armed collision between " organized forces,
and some were slaughtered, 1t Is currently
alleged ard generally believed, while flying
for their lives from the scene Of conflict. The
bodies OF several citizens, who were mus
slain, lay for some time %nr.buried, and the
blood of some of them may yet De seen
spr!nkled on the rails of fences mai sklrG me
roadside. The court Is bound TO take judicial
nullcs OF these terrible facla.-tor they have
passed into the history Of The times; and jus.
lice. which has long slumbered here. should
awake and reQuite with cODd;gn punishment
the guilty doors of those deeds Of blood.
No Inquest was ever held upon the dead
bodies OF The men who thus died violent
deaths. The county, 1t ls true, was Without
q coroner-the law, therefore, daVolved Inc
duty upon the nearest magistrate, but he GRIM
inaily failed 10 perform It. That no Inquest
WHH u6lu III BULL q SocO 40 ~ eA~
ling and significant fact connected With the
event OF which I speak. At or about the same
period, public officers In the comfy, duly
elected and qualified pursuant TO law. we're
threatened with death or great bodily narm,
unless they resigned their offices, In obedience
TO the orders OF q band OF unknown conspira-
tors, who made their lawless demands In writ
ten communications, which bore various
ghastly. symbols Of terror, and IN public no.
tees, which the conspirators, unreslrained oy
the fear OF the law, and uaaDashed oy many
shame, nailed upon the door Of this court.
house. as If to insult and defy public justice In
her chosen temple.
Gentlemen Of the grand jury, this also was a
great crime.
strikes at the existence OF government Itself.
If bold, bad men can thus work tneir Will,
then the foundations Of organized society
must soon BIZ upheaved. The ciLlzen elected
to public office, represents In bis softcla'
sphere the sovereignty and Will OF the PEG
pIe; and by the people alone can he be Justly
deprived of the franchise with which he is 10.
vested. If he violates the trust reposed 10
him, either by malfeasance or mlsleasance. oy
committing or emitting an act which the Law
prohibits or enIuins. he must be held RESPONSE
BILE in the courts established by the people 10
remedy all public and private wrongs. Tnese
remedies were QOC eVOheu W SOltCCR ltoi VI
supposed evil; but officers were compelled by
these deadly menaces to surrender their com
missions bearing the broad seal OF the State,
THIS We the law of the strong hand. the
court ca. It be silent, nor unconcerned
or inacti knowing these things; fol
thew are X yn to all men. No, gentle
men of the & ii jury, better would It be
than for tails { ut to sanction or tolerate
such crimes az zee, that the solid walls o
the building in 'hich we now sit shoult
crumble around II. nd bury judge and jury
In their ruins JUL re would then, indeed
be silent; but it would be a silence without
shame; and the good citizen, and The weak
and the oppressed might yet hope to see bel
temple erected again, and hear her voice
raised, ano behold her powerful arm barred II
defence OF right. l. will be your Instant duty
gentlemen of the grand jury, to make q mos
rigid Inqulsltion into these matters, and u
bring TO swift punishment those audacious
ylolators of the laws Of the land. In per
forming this duty, to which yon are bound b,
your solemn oaths, you will exhaust, II neces
sary, all the resources that the law places q
YOUR disposal. This court stands reaay TO ale
YOU with all it's power; and | now appeal u
YOU to do your duty with tho spirit OF mel
who can be neither subdued BY fear nor BEN
by favor.