The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1871-01-26

he always had an individual prosecutor behind
him. But when the crime is one in which the
sympathy of public opinion is not warmly in
terested, or where a disturbed condition OF
popular sentiment is not disposed actively to
assist public justice, or where the parties suffer
ing are too friendless to make themselves heard,
then the duty of the Solicitor, while it becomes
more imperative, also becomes more difficult.
To do justice, he needs larger powers, and more
assistance.
Iwould, therefore, recommend more COM
plete and efficient organization OF the machine,
~ necessary for the administration OF criminal
Justice. The Attorney General IS the proper
representative of the criminal justice OF the
State. and he should have the authority, not
only as at present to consult and advise Win
the Solicitors, but to review and direct their
action. They should be required to report to
him regularly the condition OF the prosecutions
in their respective circuits, and to be governed
by his instructions whenever he may deem it
iudicious to issue them: He should also have
the power, whenever in his opinion the impor-
tance of the case requires it, to retain assistant
counsel, and see that the State is fully and eff
ciently represented.
? I think, also, that corps of Detective Police
Officers, should be placed under his CONTROL to
be used by him and the Solicitors as occasion
may require. do not propose that these otll-
GERS should have any power of arrest. This
responsibility must be assumed BY the law OH
GERS OF the State But the crimes from which
society is suffering can never be suppressed
without some efficient organization by which
the preliminary Investigations can be conduct
ed, the traces of guilt promptly followed up,
and such testimony procured as will justify
prosecuting officer in asking from conscientious
iuries verdict of conviction. Neither the
Attorney General, nor the Solicitors, can give
more than general superintendent and skill
full direction to such investigations, and they
need the aid of body of discreet, practiced
and temperate minded men to perform this I'M
portant duty. As the Attorney General and
the Solicitors are elected by the people, they
have it in their power to select men in whose
character 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 its expense,
be placed at the control of the Attorney Gene
raj, which I therefore recommend.
think it proper also to call to your attention
the fact that the Judicial District in which
these disturbances are most fragrant, is practi-
cally without a Judge. The presiding Judge
of that circuit is now under impeachment be-
/
ors, and while it would not become me to an
ticipate this solemn trial, yet l cannot forbear
saying that nothing would contribute more
effectively or more speedily to the restoration
of order than the presence in the courts of this
circuit, of magistrate who shall possess the
ability to know his duty, the resolution to do
this duty, and that high character, which is in
itself pillar of strength to the good, and a
living admonitiOn to evil-dOcrs.
Nor can leave this subject without express
ing my regret that the Trial Justices have so
signally failed to meet the requirements Of
their Office In condition of things, such as
we now deplore, the preliminary investigation
in nearly all the prosecution 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 a large
degree dependent upon their ability, discretion
and courage, qualities which am sorry to say
the system has not developed.
Believing firmly that vigorous administra-
tion of the law will be sufficient to repress
crime, make these recommendations, pledg-
ing myself that if it ever shall be found i'm
possible to administer that law, will come to
you for those extraordinary powers, which ]
shall then not hesitate to accept and use.
have the honor to be, very respectfully,
ROBERT K. SCOTT, Governor.