The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1872-11-10

The Nicarnuxunn Fillihu.ter u - Judge.
We make tho folio wing extracts from
Judge T. J. Maokey's address to the
grind jury Of York County, on Monday
last.
After Informing the jury that with the
expirstion Of this term of court, they
will be relieved OF tho arduous and i'm
portant duties with which they have boon
charged by law. he says:
It is, doubtless, q subject Of profound
congratulaiol with you, az it is with the
presiding Judge, that peace and order
prevails everywhere within the limits of
your County, and that kind Providence
has blessed the tillers Of the soil with
abundant harvests, and kept fur from rs
the pestiience that has matlo it's fearful
Visiiations to other sections Of ouroouu.
try.
Within tile recent past, this County
was the scene Of armcd violence, prose
cuted bya powerful Organization, com.
posed OF bold, bud men, who scourged
and wounded aud killed many American
citizene because Of their political OPT
Mons or party affiliations. These armed
bands asserted the law Of the strong
hand against the laws of the land. They
paralyzed tho arm of justice, and struck
down unotfending victims almost within
the shadow Of this building, which is
dedicated to the protection Of the weak
against the strong. Indeed, while these
outrages were AAgrant. members of the
grand juries themselves. who were 90
tive participants in these crimes, sat
where you now worthily sit, anil with
unblushing forehead looked the presid-
ing Judge calmly in the eye, az If un-
conscious Of the ~s1istence of the Su-
preme Lndpe Of oil, who has, recorded
their Violated oaths. These banded cri-
mlp9l6; ~ 40 Tor SO long q period thus
grieyo1sly oppressed hundreds of their
fellow-citfzens, and bid defiance to the
laws, were but a part of mighty -orga-.
nization that extended through many
populous States of the South, and into
many Counties Of this State. This tre-
mendous and lawless power drew it's
deadly circle OF fire around its desig-
mated victims, and then pursued them
with an untiring step and seeplcss eye
into exile or death. The archives of the
National Government contain the sworn
Testimony, proving that up 70 April,
1871, within period of six years from
the formal cessation of hostilities in tho
MANNED aud scourged, and 6,0O0 slain
outright by the bloody mandates of tho
| organization in question. The State Of
South Carolina having failed to protect
citizens Of the United States, resident
within her limits, in the free and safe
| exercise OF their vested rights as suoh,
.ae GoTe12Hca. of the United States in
| tervened by its courts, sustained by its
| army, to protect its citizens in tho en-
joyment, unquestionod, OF all their rights
of citizenship, aud to bring to trial aud
punishment all who had by force invaded
those rights. That interposition was
timely, merciful and just. The first
great duty of a government is to protect
its citizens. In fact, this is the para
mount object for which governments are
! founded. For this purpose the slips of
the republic carry their guns on the
waters Of every sea, and the Consuls Of
the United States fly the national flag in
every civilized land.
| Judge Mackey then cites the arrest OF
the Austrian, Martin Kozta, in 1853, as
also the more recent arrest and impri-
sonment OF DR.. Houard, and thor sub.
sequent release, upon the demand of the
United States Government, and says:
Who, then, shall question the right Of
this nation to protect American citizens
on American soil? And who that sur.
veys events in South Carolina during the
past four yoars. will be bold enough to
deny that such protection was needed
| here?
If, however, the grand juries and the
courts do their duty faithfully and fear
lessly, thero will never again arise o me-
cessity for tho assertion of this protec-
tion by the exhibition of military force
on the part Of the United States. The
State Of South Carolina has never abdi-
Gated, for On instant, her sovereign juris-
diction over all offenders against her
laws on her own domain. The Govern
ment OF tho United States has never de-
manded that she should ubdicnto that
Jurisdiction; but, on the contrary, de-
mands that the State shall effectuaIly
assert it.
I You will. therefore, make most rigid
lnqnisition into the organized system of
crime in question, and present for indict-
ment and speedy trial all persons who
may be shown, by the testimony before
you. to have been concerned therein,
N n 4 sS4lx