The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1877-07-12
FEDERAL RELATIONS.

Judge COOKE mas taken q nlgh ana
commendable position upon the subject
of State and Federal jurisdiction in his
charge to the Grand Jury at Greenville
during the late Court. We congratulate
the Judge upon asserting the rights of
the States, and hope this manly express
ion on his part will be rigidly enforced.
The Judge said:
GENTLEMEN OF THE JURY: 1t is
proper that your attention should be
directed to the manner in which it is
said the internal revenue laws of the
general government are being enforced
by her subordinate officers to the great
oppression and outrage of many of the
citizens of this State. Iknowsnot wheth-
..epiaas &iszcgs charge, SO generally made by al
most the entire press of the State, be
true or 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, be-
lieying that when proceeded against for
violations of the State laws, they can
move their cases into the United States
Court, and go unwRipped ofjustice, have
no doubt grown reckless as to how they
discharge their duties, as we'll as embol-
dened to oppress and outrage the citizen;
If upon investigation you should ind
this charge sustained, you will present
all persons who may have engaged in
depressing 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 law with impuni-
ty. Secondly, that they will be tried in
the State courts regardless of the act of
Congress, which authorizes them to trans
fer their case to the United States courts:
In saying this, am not unmindful OF
my OATH Office, to wit: That / recog-
nize the supremacy of the constitution
and laws of the United States over the
constitution and laws of any State. The
practical effect of the act of Congress re.
ferred to is to prevent the trial of these
officers, let the grade of their crime be
never so infamous, and to encourage the
commission of crime. In the case of the
State VS.. Mattison, indicted for the MUIR
der of Davis, in the county Of Anderson,
Judge Bond held that Mattison was a
revenue officer in the discharge of his
duty, and that the killing of Davis was
necessity, incident to the discharge of
his duties, and turned him loose without
trial by jury, in violation of paragraph
8, section 2, article 8 of the constitution
of the United States, which reads as
follows: "The trial of all crimes, except
in cases of impeachment, shall be by
Jury" &c. The act of Congress confers
no Jurisdiction upon the United States
Court to try and determine prosecution
begun in the State courts for misdemean-
ors or crimes, by virtue of statute or in
dictable at common law.
The jurisdiction of the State courts in
all matters of crime at common law and
statute law, not in violation of the con-
stitution of the United States, has been
conceded by the general government for
nearly 100 years, may say without cues
ton or debate, and in fact from the lay
ing of the foundation stone of the repub-
lie, until even long after the Republican
party gained the ascendancy in the
Union; and / am utterly at loss to
know how, when, or where the State lost y,
her Jurisdiction in such cases. shall,
therefore, disregard the said act of Con,
eress. 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 with the hearty support
and concurrence of your very able, zeal
ous and courteous Solicitor.