The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-12-11
Presentment OF the Grand Jury. I'm the
CircufesCourt OF tho Unltod States, De-

Judge or the 6aitedf faates Court for Tho
Distries' Of lSo,sa Cassolina:
In the exercise of the privilegeo of the
Grand Jury to make presentment to the
Court of such matters as appear to be
public evils in themselves, or to require
judicious legislation and amendment,
they would respectfully present:
1.-The present election law of the
State Of South Carolina. These laws
are brought to the attention of this Court,
because under them elections are held
for members Of Congress, and to that
extent. at least, are laws OF the United
States. The attention of the Grand Jury
has been called specially to these cleo
ton laws by numerous cases which have
been brought before them ut the present
term, for illegal voting, riots and con-
spiracy to intimidate, aud other charges
of offences committed for the purpose of
defeating the ballot.
The Grand Jury are constrained to be-
lieve that the election laws have more to
do with these disturbances and these
charges than any evil intent on the part
of the citizens. whether white or black.
They are unfair, unequal, and tend to
breed discord and strife, and should ut
once be amended. 1t is no new thing
for disturbances of the peace to occur at
elections; but laws may be so framed rs
to irritate the citizen in the peaceful cx-
ercise of his right of suffrage. The pre-
sent laws, instead of hedging around the
ballot-box, leave the door wide open to
fraud, and in n warmly-contested cleo
ton, disturbance of the public peace
seems to be invited rather than pre-
vented by the laws themselves.
2.-Another fruitful source of mischief
is the employment of military to super
intend civil elections The evils of this
system, (for it is fast becoming system
throughout the whole country, North
and South,) must at once be suggested
to any reasonable thinking mind. It is
unconstitutional; it is unwise; it is the
parent of mischief
The small military force usually en-
ployed for the purpose would be utterly
insufficient and useless, if the people
were disposed to oppose and resist it.
The military force employed in South
Carolina during the recent elections
could have been easily overwhelmed in
an hour. What good, then, is accom-
pllshed? They seem only to excite q
spirit of resistance and bad blood. Hu-
man nature is the same all over the
world, and for the military to take the
place of the civil arm of the Govern
ment, is not only dangerous to the pub
lilo peace, but hazardous to political IL
berty. We have been taught these les
sons from the history of the country
whence we derive the principles of our
Constitution and most of our laws.
The views here presented, the Grand
Jury arc happy to see, are endorsed by
the highest military officers of the United
States, General Sherman and General
Halleck. The latter reports as followe:
"Where United Stntes Marshals and
assistant marshals call for military aid
to execute the process of the Courts,
there should be an order Of Court au-
thorizing such requisitions, on the
ground that no proper civil posse conf
tatuS could be obtained. It may be
proper to remark in this place, that 1
have been assured by Federal civil Off
GERS that the use of troops in executing
Judicial process and enforcing the reve-
nue. aud other civil laws seems to in
creas', rather than diminish, the appa-
i'll civil matters. Tho iu-disposed be-
come more and more exasperated ut
being coerccd by force which they
think has been unconstitutionally en-
ploycd against them, and the better
disposed relax their efforts to punish
local crimes, on the plea that this duty
now devolves on the military. Hence,
in the case of II robbery or q murder,
there is call for Federal troops to arrest
and guard the criminals. It is, thero-
fore, question we'll worthy of conside-
ration, whether the military in civil
matters should not be limited to few
well-defned cases, such rs riots and
instructions, which cannot be suppress
ed by local aud State authorities
There is another evil Of great magni-
tude, to which attention should be
called.
Reference is had TO what is known as
the constabnlary force of this State.
This establishment has all the objections
urged against the military, with many
additional ones. They have control of,
and they distribute the arms belonging
to the State. and are themselves M
armed force. They actually engage in