The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1871-01-17

orous. As the Executive of the state, it Is i'm
| possible for me to superintend or control the
trial of criminals. This duty must be lett 10
the attorney general and the solicitors,
who are the prosecuting officers OF the
State, and TO whom the administration Oh
the criminal law, in their respective
spheres of duty, is committed by the same
law which defines my own duties aad powers.
That these officers have done and will do their
duty have no doubt, but do not think their
powers are sufficiently strong, or their means
of action sufficiently large. To illustrate my
meaning more fully: Each solicitor has several
counties under his official charge. murder
is committed in one of the remote districts
where he does not reside. warrant IS issued.
4 coroner's inquest makes very unsatlslac'
tory report of the circumstances. unless the
friends or family of the victim are especially
active, a few witnesses are bound over ano
the papers are put in the hands OF the sollcltor
the day that the court opens, and II a
true bill is found he goes on with tne
trial with slight and imperfect prepa'
ration thus made. Nor can the solicitor
be blamed. He has many courts to attend
very many cases to prepare, has not had an
opportunity to learn the circumstances OF his
case or the character of his testimony. Now
| in ordinary times, when cases of violence are
rare and shock the humanity OF public opinion,
and excite the indignant activity of those who
are interested In the suffering parties, this labor
of preparation was spared the solicitor, be-
I, cause he always had an individual prosecutor
behind him. But when the crime Is one In
which the sympathy of public opinion is not
warmly Interested, or where a disturbed con-
dition of popular sentiment Is not disposed
actively to assist public justice, or where the
parties suffering are too friendless to make
themselves heard, then the duty of the solici-
tor, while it becomes more imperative, also
becomes more difficult. To do justice he needs
larger powers aud more assistance.
| would, therefore, recommend more COM
plete and efficient organization Of the machi-
merry necessary for the administration OF crimi-
nal justice. The encouragement is the pro-
per representative of the criminal justice of the
State, and he should have the authority, not
only as at present to consult and advise with
the solicitors, but to review aad direct their
| action. They should be required to report to
him regularly the condition of the prosecu-
| tions in their respective circuits, and be gov
erned by his instructions wherever he may
deem it judicious to issue them. He should also
have the power, whenever In his opinion the
Importance of the case requires 1t, to retain
assistant counsel and see that the State is
fully and efficiently represented.
think, also, that q corps of detective police
officers should be place. under his control, to
be used by him, and the solicitors, as occasion
may require. I do not propose that these
officers should have any power of arrest.
This responsibility must be assumed by the
law officers Of the State; but the crimes from
which society is suffering can never be sup
pressed without some efficient organization
by whlch'the preliminary Investigations can be
conducted, the traces OF guilt promptly follow
ed up, and such testimony procured as will
justify q prosecuting officer in asking
from conscientious Jurors verdict OF con-
viction. Neither the encouragement or the
solicitors can give more than general super
intendence and skilful direction to such inves-
tIgations, and they need the aid of body of
discreet, practiced and temperate-ninded men,
TO perform this important duty. AS the attor-
ney-general and the solicitors are elected by
the people, they have it in their power to Sc.
lect men in whose characters they will find
sufficient guarantee that this power will not
be abused.
To carry out this plan would require that
contingent fund sufficient to meet les expense
be placed at the control of the attorney-gene-
raj, which therefore recommend.
think it proper also to call to your atten-
ton the fact that the judicial district in which
these disturbances are most fragrant is practi-
cally without Judge. The presiding Judge OF
that circuit is now under impeachment before
the Senate for high crimes and misdeneanors,
and while it would not become me to antici-
pate this solemn trial, yet I cannot forbear
saying that nothing would contribute more
effectively, or more speedily, to the restora-
tlon of order than the presence in the courts
of this circuit Of a magistrate who shall pos
sess the ability to know his duty,
the resolution to do his duty, and
that high character which Is In itself pillar OF
strength to the good. and living admonition
to evil-doers. Nor can 1 leave this subject
without expressing my regret that the trial
justices have so signally failed to meet the re-
ouirements of their office. In condition OF
things such as we now deplore, the prelimina-
~ investigation in nearly all the prosecutions
of the crimes we wish to suppress is within
the province of the trial justices, and the
prompt and efficient administration of the
criminal law is in large degree dependent
upon their ability, discretion and courage
qualities which, am sorry to say, the system
has not developed.
Believing firmly that vigorous admiuistra-
ton of the law will be sufficient to repress
crime, make these recommendations, pledS-
inc myself that If it ever shall be found impos-
sibe to administer that law, will come to you
for those extraordinary powers, which snail
then not hesitate to accept and use.
have the honor 10 be, very respectfully,
ROBERT r. SCOTT, Governor.
A
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