Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1877-07-19


manufacture Of ardent spirits contrary to
tho provisions Of tho revenue laws of the
United States The manufacture of liquors
had boon tho pursuit of their lives, and on
It they depended for making subsistence.
Tho regulations established by tho Govern
ment wero such that they could not be
complied with except by persons having a
large amount of oapitalj tho impeuunious
distlllor must givo up his business altogether,
or run tho risk of being detected and pun
ishcd. Nine tenths of them preferred the
latter alternative. Here there was delicate
problem presented to the Government. to
enforce tho laws and yet neither oppross nor
irritate the people. At least such is tho
problem that would have been considered
by wiso rulers. Grants satraps, however,
were bent only on enforcing tho laws; they
neither thought nor cared about the unfor-
tunato people upon whom tho laws wero an
unjustifiable hardship. They filled tho
mountains with uuprinoipled rufians armed
with the authority of the law, who, under
tho sacred name of justice, committed
robbery, arson and murdor Tho people in
Georgia begged for mercy, and President
Grant, in tho last dnys of his reign, yielded
it, but in such manner as to gil the pockets
of his ininions. In North and South Caro-.
lima the people have sought the aid Of the
State Courts to punish the perpetrators of
the outrages upon them, and tho criminals
have sought refuge 10 tho United States
Courts. Hence has arisen conflict of
jurisdiction, the decision of which will
mark out anew the boundary between State
and Federal authority, and show whether
tho citizens of State have any rights which
the officers of the National Government are
bound to respect.
Judge Schenck, one of the Superior
Judges of North Carolina, has recently
decided that the act of Congress authorizing
the removal of criminal prosecutions Of
United States employees from the State to
the Federal Courts is unconstitutional, and
now comes the Hon. Thompson Ii. Cooke,
Judge of the Eighth Circuit of the State,
who, in charge to tho Grand Jury of
Greenvillo last week, says:
"These officers Of the Government, be-
lcving that when proceeded against for
violations of the State laws they oan move
their cases into tho United States Court, and
80 unwhipped Of justice, have no doubt
grown reckless as to how they discharge
their duties, as we'll as emboldcned to op-
press end outrage tho citizen. If, upon
investigation, you should find this charge
sustained, you will present all persons who
may havo engaged in expressing your
people, and | undertake to say two vory
Important things will be accomplished.
First, this class Of United States officers
will soon learn they cannot longer Violate
the State law with impunity Secondly,
that they will be tried ia the State Courts,
regardless Of the Get Of Congress, which
authorizes them to transfer their case to the
United States Courts.
"In saying this, am not unmindful of
my oath Of Office, to wit: That 1 recognize
tho supremacy of the Constitution and
laws OF tho United States over the con.
stitution and laws Of any State. The prac-
tical effect Of the act of Congress referred
to is to prevent tho trial of these officers,
let tho grado of their crime be never 80
Infamous, and to encourage the commission
OF crime. In tho case Of tho Stute vs..
Mattison, indicted for the murder of Davis,
in the County of Anderson, Judge Bond
held that Mattison was revenue officer in
tho discharge of his duty, and that tho
killing of Davis was q necessity, incident to
the discharge of his duties, and turned him
loose without trial by jury, in violation of
paragraph 3, Suction 2, Article 8 of the
Constitution of tho United States, which
reads as follows: 'The trial of all crimes,
except in cases of impeachment, shall bo by
jury &. The not of Congress confers no
jurisdiction upon the United States Court
to try and determine prosecution begun
in the State Courts for misdemeanors or
crimes, by virtue Of statutes or indictablo
at common law
"The jurisdiction Of tho State Courts in
all matters Of crime at common law and
statute law, not in violation of the Coustitu.
ton of the United States, has been conceded
by the General Government for nearly ono
hundred yoars, may say without question
or debate, and, 10 fact, from tho laying of
tho foundation stone Of tho Republic, until
oven long after the Republican party gained
the asoendency in the Union; and + am
utterly at a loss to know how, when or where
the State lost her jurisdiction in such cases.
l shall, therefore, disregard the said act Of
Congress, and4lirect Mr.. Solioiter to proceed
with oil prosecutions against revenue off,
GERS charged with violating tho laws Of the
State"
Judge Cooke makes tho issue squarcly.
Tho determination is, to teach United States
ollicors that they can no longer violate State
laws with impunity, and to try suoh Offend
ers in tho State Courts, regardless of the
immunity attempted to be secured them by
an unconstitutional ACT of Congress. It is
q patriotic work, and comes with good graoo
from Republican Judge. Without docon.
tralization and States Rights, in thoir
fullest scnse, the Republic cannot stand.