The Pickens sentinel. [volume] (Pickens, S.C.) 1871-1903, 1878-07-11

his own wrongs in person. When we.
undertake that every man becomes
his own judge and jury and execu~
tioner, society returns to a state of
barbarism. These wrongs can only
be redressed through the conrts ofthe'
State. They are offences against the
laws of the State, The duty of the
Executive of this State-that princely
gentleman who now holds in his hands
the sceptre of authority-is to see
that the law is enforced. 1t is the
duty of public officers, trial justices,
judges and sheriffs to see to the pro-
lection of society thu ough the courts
of justice, and they are bound to
stand up and throw the @gis of the
Constitution and laws of South Caro>
lima around her citizens, and to vim
dicate them by proper punishment
of all violators of law.
"If there be interference on the part
of the Federal Courts they outlaw
themselves, 30 to speak, unless that
interference is within the limits Of
their jurisdiction and power. 1t is not
to be assumed that q court OF the most
enlightened government in the world
"a Court of the United States of
America-would A at any time inter-
pose its power outside OF it's authority
and jurisdiction to protect any offen-
der against the law. II, however, o
court of that character should so act;
if it should act outside of it's Constitu-
tional authority, that act would itself
be in violation of law, and would be
utterly void and OF no effect whatso-
over, so far as the conduct of this
court or any other court charged with
the matter was concerned. If they
act within their constitutional au~
thority this court will aid them in ad-
ministering and enforcing their power
and authority. If they act outside of
it, it will be the duty of this court to
| disregard it as an unlawful inter~
! ference.
"There has been q debate in Con-
gress on this question quite recently.
| 1t was brought up on the motion Of a
gentleman from North Carolina, and
grew out of just such troubles in that
| State as you have complained Of here.
IL was an attempt on his part to
procure an amendment to strike out
the 643d section pertaining to revenue
cases. The amendment in that form
did not meet with the approval of
Congress-, but in a modified form was
passed, having the effect of modifying
| the section and Of removing many of
its greatest objections. In regard to
the case of citizens maltreated by re-
| venue officers there havo been grave
questions among lawyers whether any
slch power as is claimed existed to
transfer such cuses 10 United States
Courts. TO do so is to sink the case
in such courts because they have no
authority in such cases. In that de-
bate in Congress it was denied that
any such right has ever been claimed,
ouu ~ hsAS DcCil SldlihcU iluu nus DGCIi
sanctioned by the Supreme Court of
North Carolina. I cannot say, of
course, what our Supreme Court would
hold. l can only bring to the notice
Of The grand jury what has been said"
Judge Kershaw then reviewed the
authority Of tho Federal Court to
CLAIM jurisdiction in case of certain
crimes committed on the high seas or
without the jurisdiction of any State
court, and concluded his charge by
saying: IL can only say that whatev-
er has been the abuse Of the power re-
ferred to, it can never justify the
abuse of law on the part of any good
citizen, nor can we ever be justified IN
lending our moral sanction to the
violation of the laws on land. have
spoken thus at length, because I see
there are evidences of excitement in
the country, and it is laid down in
some Of the best authorities that it is
the duty of the presiding judge to do
all in his power TO allay such excite
mont. My remarks have been for the
purpose of stating your rights, and
ke'only means by which they may be
insisted upon and your rights rome
died."-C. NICK, in Charleston News