The weekly Union times. [volume] (Union C.H., South Carolina) 1871-1894, 1877-07-13
Judge Cooke on Revenue Murderers.

In charging the Grand Jury, ut Grecuville on
Monday last Judge Cooke said
Gentlemen of the Jury: IL is proper that
your attention should be directed to the manner
in which it is said the internal revenue laws oi
the general government arc being enforced by
her subordinate officers to the great oppression
and outrage Of many of the citizens OF this State
know not whether this charge, generally
made by almost the entire press OF the State, be
true OF not of this it is your duty to inquire
and presentment make. The peace of society
demands no less of your body
These officers Of the government, believing
that when proceeded against for violations OF
the State laws, they can move their cases into
the United States Court, and 90 unwhipped OF
justice, have no doubt grown reckless as to how
they discharge their duties, well cmboI-
dened to Oppress and outrage the citizen. Ii
upon Investigation you should find this charge
sustained, you will present all persons who may
have engaged in expressing your people, and
undertake to say two very important things will
be accomplished. First, this class of United
States officers will soon learn they cannot longer
violate the State laws will impunity. Secondly,
that they will be tried in the State Courts re
gardlcss of the act Of Congress, which author
izes them TO transfer their cases to the United
States Courts.
in saying this, am not uuminlfu of my oath
of office, to wit: That recognize the supremacy
Of the Constitution and laws of the United StrtcS
over the Constitution and laws of any State
The practical effect of the act OF Congress re-
fcrrcd to is to pcvcnt the trial of these officers
let the grade Of their crime be never 80 iufa-
nous, and to encourage the commission of crime
In the case of the State vs. Mattson, indicted
for the murder Of Davis, in the county of An
dcrson, Judge Bond held that Mattison was
revenue officer in the discharge of his duty, and
shat the killing of Davis was Il necessity, incl
dent To the discharge Of his duties, and turned
him loose without trial by jury. in violation
Of paragraph ), section =, article ; Of the Com
stitution of the United States, which reads rs
fellows "Tlc trial of all crimes, except in
cases Of impeachment, shall be by jury" etc.
The act of Congress confcrs no juris lction upon
the United States Court to try and determine n
prosecution begun in the State courts for misdc-
mcanors crimes, by virtue or indictablc at
common law.
The jurisdiction of the State courts in all mat
tcrs Of crime at common Law and statute law,
not in violation of the Constitution of the United
States, has been conceded by the general gov
crnmcnt for nearly 100 years, | may say with
out question or debate, and, in fact, from the
laying Of the foundation st one of the re public,
until oven long after tho Republican party
gained the ascendancy in the Union and am
utterly mt loss to know how, when or where
tho State lost her jurisdiction in such cases.
shall. therefore, disregard the said act OF Con-
grcss, and direct Mr. Solicitor to proceed with
all prosecutions against revenue officers charged
with violating the laws Of this State. And in
this behalf, take pleasure in saying that the
Judgment of the Court meets wit the hearty
support and concurrence Of your very able, zeal
Gus and courteous Solicitor.