The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1868-11-18
CoKEsbuhY, Nov. 16, 1858,

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was entered by q posse. consisting Of
two deputies and three United States
soldiers, armed asif they were about
attacking stronghold of brigands.
One Of the deputies, addressing me-.
said, :tColonel, I am sorry to say you
are my prisoner" Upon questioning
his authority, 1 learned he had a war
rant, issued by Magistrate Solomon,
of Columbia. to arrest me in Abbe-
vile, and deliver me to Constable
Hubbard in Columbia, upon the affi-
davit of said Hubbard, that L was
accessory before the fact to the mur-
der of one B. T. Randolph.
Under the old regime, this posse
might have been defied, and the con-
sequences would have been upon their
heads, for attempting to execute an
illegal warrant. But surmising that
extraordinary powers had been con-
ferred by the constabulary act of the
recent radical Legislature, 1 offered
no resistance; hence was taken to
Columbia, and without an examina-
tion was feloniously incarcerated and
kept in close confinement for two
days. Since my release I have care
fully perused the "act establishing q
police force" and discover that if
this ambiguous act meaps anything
at oil, it simply means thAt the whole
constabulary force have but concur
rent authority with the other civil
officers of the various counties, and
therefore Magistrate Solomon had
not the semblance Of authority to
issue warrant in Richland for my
arrest in Abbeville.
Now, sir, this Chief Constable is an
hireling of yours and this venture of
his to exercise autocratical, arbitrary
and illegal powers, seems to imply
your connivance. If it does not,
whence his assumption of power, and
why no evidence of your restraining
authority? Whence does he derive
power to arrest me in Abbevills md
Jail me in Columbia? Whence his
power to arrest two young men in
Newberry and dungeon them in the
capital nf the State? Whence his
power to rescue Kelly from the hands
of the sheriff in Camden, incarcerate
him in Columbia, and direct the
sheriff Of Richland to shackle him, ms
he did while I was there imprisoned?
Is this what is meant by the words of
the act, which read as follows: "Said
Chief Constable of the State and
Deputy Chief and Deputy Constables
in the. several counties shall at all
times obey and execute the oSders of
the Governor i'll relation to the pre-
servation of the public peace and the
execution of the laws throughout the
State?"
Thinklyou, sir, that if in the intense
ness of your determination to pre-
serve the public peace you, should
cruelty treat single unoffending citi-
zen, you are appeasing the wrath of
an oppressed but gallant people?
Does the transcendant authority OF
our Executive justify ncts of violence
on the part of his hirelings? Are
these deeds indicative Of your future
PotiSJ IL oO. oil, lcG lu0 UcSGGCll you
delay not to revoke that proclamation
in which you speak with hypocritical
affection of "our beloved State" and
once again proclaim, "the State being
without law is o law unto itself, land [
AM THE STATE. I am told you
are now beyond the limits of the
State, and upon the eve of your de-
parture you expressed a satisfaction
at the peaceable condition of the
State. Sir, were you of us, and not
over US, you would readily discern
that South Carolina has no peace but
that which once reigned in War
saw" and should my conviction prove
prophetic, that rigid adherence to
the scheme Of tyranny which you
have inaugurated. will rebound with
serious consequences upon the heads
of higher officers than the Chief
Constable of the State, you will not
charge me with "being accessory be-
fore the fact" for the evaporation
consequent upon such cruelty is wide
spread and not confined to q single
race. Very respectfully,
D. WYATT AIKEN.
ESTATE OF THAD. STEVENS. Con
pressman Dickev and Hon r. Me-