Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1864-04-06

Executive anu therefore the folly OF endcavoring.
:, raise claim to it from any word, in the act
:, question, even supposins that there was any
.nlbiguity ir the matter. If then there is no cx-
l:css grant of such power 10 the Executive in
&c act of 1903; if there can be no authority de-
:irca under tho act in question, by construction
and, finally, if the legislature could not cen
:tintionally invest tho Executive with suck pow
cr it follows then US IN incxorabe necessity that
the claim of it, is illegal and lis e:refcse uncon-
ititationol.
Sat ths c:ownins bluDder Of this irregular and
unuNful tribunal, is evident from tho fact, that
these special Agents are the judges of the Crimi-
nality of the citizen; for tits upon their decis-
ion and seton that the seizure takes plnce. Nosc
The act of 1883 eepressly permits persons to disW
from The fruits season, and it can only be fairly
aud lsgoliy asecrtained IN Court Of Justice,
toHchcr they hare conirauened the Ict in question.
If citizens are to bo injured by tho seizure Of their
property from the parte statement of informers,
who Of course orc paid for dctcctions, they are at
once placed at the mercy ef tribunal, worse than
Gov. BRowss much dreaded Star chamber.
But is it nccosssryto continue this comnentary
any further Is it not apparent to tho most or
dinary observer, that these proceedings taint-
ed with heresyo of tho late council? is not the
doctrine new in South Carolina, that on su.picon
! Of a misdemsanor, o detective is ordered and in
shueied ty the Ere utire to Violate tho promises
of the citizen, and demand, and seize, and tear
I, fr;n 10. rF,in hi
guilt, and without conviction to be satisfied of 1t.
A leading newspaper in the State is blatant upon
the subject Of State rights. Let it look at home,
and We opine.that it will fnd.matter abundant
fer it's editorial =.
In conclusion, we assert that, ercn if the act of
1862, is still of force, and under which these spe-
cial Agents say that they are ordered and author
lied by The Executive to Act, yet we affirm with
out hesitation, that in no part Of that Act ia there
contained the slgktest shado,O Of authority TO the
Executive, TO interfere in the sghfest degree wiih
TIE ailis Of the citi1ens; are there ony swch
perseps therein recognized at all, us these Special
agents. The Erecutifc and specialAgen,s hare.
no more authority and pocer under that act, than
any citizen Of The State. The Act Of 1853 alone
brings these agents into eristence, and alone au-
horises the Erecutire, through them to enforce its
provisions, i.e. the pror:;ions Of Tie act of 1862
Now is it not. absurd to contend that an act au-
thorizing the appointment of persons to enforce
its provisions should be extended 70 authorize tho
sar.o parties to enforce the provisions of another
and different act.
Wo srs learous that yioiators of the laws Of
tho country shall be punished promptly ana ex-
emphrily, but We require that they be first legal
ly tried, and convicted. We desire that every
citizen should faithfully observe and obey the
Acts of the Legislature, but wo demand that they
be first Constitutional. we desire that the Exec
utive, and the officers of the Government, shall
be earnest in enforcing tho provisions Of the Stat
utes, but NO must be satisfied that they aro legal
ly invested with tho power. The assumption, of
authority not given by Legislative enactment,
constitution sa4Siioned, is violation Of the
rights Of the people, calling for the intsrposition
Of the next Legislature. Let our representatives
SEQ that their constituents are protected in their
rights and property, from the invasion Of self
appointed, and illegal autocracios.
HAMpDEN.