The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1870-12-19

and always will be, punished as they deserve
And where the offcerssof the law are OBJ
structed in the performance Of their func-
tions, the Executive has the power to call to
their aid the militia of the State and the
army of the United States. The bill before
US assumes, however, that the good sense of
the community, and the militia OF the State
backed by the strong arm Of the general
government, cannot insure the execution
of the laws or protect the officers to whom
their execution is entrusted. This simple
statement demonstrates the absurdlty OF
what Mr.. Whittemore has veutured to pro-
pose.
Malignity and partisan feeling have lar
more to do, we fear, with Mr.. Whittemores
bill, than pure desire for the well-belng OF
any class of people. 1t is not sulhclent 10
90 back to the old common law, and call 10
account village, or county, for the Vio-
lence of knot of desperadoes whose hand
! is against every man as every mans hand Is
against them. This principle is unworthy
OF the age in which we live, and OF our BOAST
ed civilization. Mr.. Whittemore goes farth-
er and makes whole county the hostage
for any one man in it. No matter who that
man NAV be: no matter whether he is actu-
ated by revenge or an honest purpose
if that man, perhaps the lowest OF the low,
interferes with any citizen in the exercise Oh
his rights, or Injuries his person or property
the whole county is made responsible for
such damage as may be done, and the real
estate in the county shall be assessed for the
payment OF the award. We're Toloert living
he might kill a negro, and. for such damages
as the court might award, all AobeVllle
would be responsible. TIE assessment IS
made upon real estate alone-that is, upon
the whites and not upon the blacks. A
colored man may murder white man, or
destroy his barns, and the white people OF
the county are taxed to repay the damage
that this Radical negro has done. Could
any proposal be more vindictlve, more un-
aSon1Dle I0OFe uDJuSI'
And the tenth section is more monstrcus
than the ninth. Under this. section any man
who is in any way interfered with or injured,
and who desires to remoreto "a more secure
ssand practicable portion OF the State, !" may
be removed and 'tsettled upon the public
Glands of the State" the whole costs to be
paid by an assessment upon the real estate
of the county from which he shall be re-
moved. Even in South Carolina a proposi-
ton SO fraught with evil, so open to abuse,
cannot, we hope and trust, become part OF
the statute law OF the State.
We believe, moreover, that the bill itself
is in open violation Of the State Constitu-
ton. Mr.. Whittemore requires that the real
estate of the counties shall be assessed for
payment of damages and expenses under
sections nine and ten. The power to do this
does not, in our opinion, rest with the Cen
eral Assembly, nor can it be conferred, by
statute, upon the counties. The General
Assembly has the right to provide by taxa
ton for the expenses OF the STATE ana IL
may give the corporate authorities OF coun-
ties power s'to assess and collect taxes for
corporate purposes" but we see no authori-
ty for the arbitrary and unequal assessments
which Mr.. Whittemore has proposed.
The difficulty, indeed, is not to find argu-
ments against the bill, but to select those most
likely to have weight with body which, in
t,,c.c--. hos shnwn 'it..n rararS +. sor the he
well-being Of the State. Governor Scott anu
the General Assembly have promised to
make no distinctions on account OF class or
color, to frame just laws, and to regard in
all their actions the security OF property and
the preservation ofpeace. They stand, asst
were, on trial, and will be judged, two years
hence, by their conduct upon just such ques-
tions as that which we have analyzed and
discussed.