The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1870-12-12
UNITED STATES CIRCUIT COURT.
Presentment of the Grand Jury.

Court, now sitting at Columbia. appear TO have
performed their duties In the most efficient aud
complete manner After the bills given In by the
district attorney have been passed upon they are
required to visit the different public buildings and
report their condition. and they have the privilege
also Of presenting to the notice Of the court any
public evils which in their estimation may re-
| quire redress The jury was composed OF twenty
| folr men, ten OF whom, we learn, were Republl-
cans, and the following presentment which they
made to the court in regard to the election laws,
the employment Of the military In civil elections
the State constabulary, &C., is worthy OF profound
attention as the common opinion OF dislnterested
men Of all parties :
PREsESTaENT OF THE GRAND JURY IN THE CIR
CUT COURT OF TIE UNITED STATES.
To the Hon, George S. Bryan District Judge or The
United States Jor The Dtstrtct OF SCUM caro-
lima:
In the exercise of the privilege OF the grand
iury to make presentment to the court OF such
matters as app ar to be public evils In themselves
or to require judiclous legislation and amend
ment, they would respectfully present;
lst The present election law OF South Carolina.
These laws are brought to the attention OF this
court because under them elections are held for
members OF Congress, aud to that extent at least
are laws Of the United States. Tne attenton Oh
the grand jury has been called specially to these
election laws, by numerous cases which nave oeen
brought before them at the present term Tor ille
gal voting, riots and conspiracy 10 intlmidate and
other charges Of offences committed Tor the pur.
| pose OF defeating the ballot.
| The grand Jury are constrained to believe that
the election laws have more to do Win these us
turbances and these charges than any evil intent
on the part OF the citizens, whether Whltc or
black. They are unfair, unequal, and tend 10
breed discord and strife, and should at once be
amended. It Is no new thing for disturbances OF
the peace to occur at elections, but laws may De
SO framed as to irrItate the citizen In the peaceful
exercise OF his right OF s1fiage. The present
laws, instead Of hedging around the oallot'ooX,
leave the door open TO fraud, anu 10 warmly
contested election disturbance OF tne puonS
peace seems to be invited rather than prevented
by the laws themselves.
2dgAnother fruitful source OF mischief Is the
employment.of the military to superntend1 !, civM I
becoming o system throughout the whole coun-
try. North and South,) must at once suggest IT.
self to any thinking or reasonable mlnu. IL Is IL
Institutional, 1t Is unwse 1t Is the parent OF
mischief. -,, o..
the purpose would be utterly insufficient and use
less II the people were disposed 10 oppose anu re re-
rona during the recent elections could nave oeen
easily over Thelmed In an hour. What good then
is accomplished They seem ,o only 70 9uS excite "a
tIre Is the same all over the world, and lor the
military to take the place Of the civil arm OF the
government, Is not only dangerous 10 the PUBIC
| peace. but hazardous to poltlcal noerty. we
have been taught these lessons 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 are happy to see.
are endorsed by the highest military o1lcers OF
] the United states, General Sherman and General
| Halleck. The latter reports as follows:
"Where United States marshals anu assistant
nlarshals call for military aid TO execute tne pro-
court authorizing such requ!sltions, on tne
groond that no proper civil posse conetatus
| could he obtained. 1t may be proper 20
| to remark in this place, that have been assured
by Federal civil oticers that the use Of troops in
| executing judicial process, and enforcing the
revenue and other civil laws, seems to increase
rather than diminish the apparent necessity OF re-
sorting tn such force In civil matters. Ihe III
disposed become more and more exasperated by
being creed by force which they tnink mas
been uuconstitutionally employed against them,
and the better disposed relax their enorls 70 pun
ish bad crimes OH the plea that this duty now de-
wolves on the military. Hence IN the case OF
robbery, or murder, there is a call for Federal
| troops to arrest and guard the criminals. 1t IS,
whether the military in civil matter should not
| he limited to few well defined cases. such as
| riots aud Instructions, which cannot be sup
pressed by local and State authorities
Sd. There Is another evil ofigreat magnitude to
which attention should be called. Reference Is
had as to what Is known as the constaDulary
force OF this State. This establishment has all
the objections urged against the military, with
many additional ones. They have control OF and
fhey distribute the arms belonging to the State,
and are themselves an armed force. They actu-
ally engage In electloneering, and In the night.
time they harangue ignorant crowds at secret
meetings. They are strangers to our people, and
instead OF being the preservers OF peace, are the
instiyators OF unlawful and violent acts In many
cases. There Is no need OF such force In South
Carolina, and 1t should at once be disbanded.
4th The attention OF the grand jury has been
called to the late riots which have occurred IN
Laurens County. These unlawful acts are much to
be regretted, and all good citizens should discon
tinue such disorderly conduct. The chief causes
OF these disturbances Sem 10 he traced TO the
political excitement attendant upon the late gen.
eral election especially aggravated by the violent
conduct and the malicious and threatening
harangues Of few eril.disposed persons OF that
county Such unwse Incorporate and criminal
munity merit not only disapprobation, but de-
serve 10 be punished, ii the arm OF the law can
reach the guilty parties. Some have been heard
to tell the colored people IN public speeches that
they must use their firearms. and II these Jailed
them, that box Of matches cost only five cents,
and these could be used to burn and destroy.
Thus, in open day, encouraging incendlarism.
The unlawful and mischieyous acts and language
Of such wicked tren are presented for the consld-
Grafton Of those whose duty 1t Is to enforce the
law. The violent conduct OF a few such men may
lead to acts Of violence BY many, and thus injure
not only the good name, but the peace and pros.
perlty or the State.
.5tn We have visited the county jail and the
State Penitentiary, according to the instructions
or the court. We found everything In excellent
order, and the prisoners well Kept on this head.
Us the officers seem to discharge their duty, and
the prisoners to be provided for properly and hu-
mauely. Respectfully submitted.
S. MONTGOMERY, Foreman.