The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1873-03-03
6tate Nptires.
STATE OF SOUTH CAROLINA,
EXECUTIVE DEPARTMENT.

EXECUTIVE DEPARTMENT.
COLUMBIA, s. o., Feoru' 'ry 2S:h' 1881
This following official opinion !s herewith pub
,,.had for the information o! all whom It may
concern:
OFFICE OF TIE EATToRSRY-GRSERAL.
COLUMBIA, :. y. February 2sth. 1873 J
10 Hts Ercel.ency r. 1' NOSES '''' "'''' ''''
DEAR slR-Replyiug to your communication OF
the 27th iusant, I have the honor 10 say that
have carefully examined the Act 10 Wnicn you
rerer emitted "An Act to make an appr0prlaCou
~ re Governor Of the State. dated July 20,
.,is7l - approved February 26 1878.
The act REQUIRES on the part OF claimants tnaI
they shall submit to aud nle iaeif ,,h m ,heir
,s,aima of the evidence OF their validity.
It fur, her makes IL the duty OF the Governor 10
..examine said claims and determine wnetne.
"they are properly embraced vi the terms o a saia
nrnci.motion.n Beil. thereto e. the sole ohicer
fo indlcislY decide whether the Claims suonlllIea
are 1..yalid claims under the Terms OIL tile sai9
representation The remainder OF sae scs sss sii ny
drawn in payment OF such claims as he snail de-
termine to be- OF the kind specified.
what are valid claims properly emoraced Witn'
in the tei ms Of said proclamation must oe oeter'
m,ned nv an examination OF the terms OF the pro.
clamat!on itself. ,u,so,+,r
to secure the breaking up OF the ku,hlu6 olgaul o
zation. and the bringing 70 punishment OF its
members as may b., at once seen from the lan-
unaae used, namely: "In order that the parties 70
:tnese murders and outrages may pe apprenenaeo
.anf appropriately punished" TO this END are re-
ward ia ofYered .for the apprehension and deive-
cry OF ard every person 10 any JAN oi Lnis
estate with proof to convict them VI having
.aided or participated In any or e.aer OF ~ easse dS
"acts violence aud murder, or OF naqlog I'D ais,
.onise threatened the life Of any one within Inc
i.Sta'e." M .o,,,
IN reoaId to It's requirements IN order 10 estao-
ash q valid claim thereun, er. There must be
nTst the apprehension and delivery OF ne person
charged with the crime, In some Ill OF TINS Stats
and second, the furnishing o! PROOF W Sons1St
mnar he apited, ig order to eniitle any one TO be
paid undt The present act.
ne is an error to suppose that there must De 10
each ease an actual conviction oelor1 the reward
car, he claimed, for the requirement OIL the PROF.
Iamation is not ..convict1on," but "prool 70 con-
.vict 1t :s equally an.error to suppose lnas tne
simple arrest OF party cnalged WI a., oIe i. ,s
suficient, ior the third requisite must also oe
present, namely, 'prOof 10 coiVlct." anu Oh ine
three requisites the latter is evidently the oil I'M
portsnt one TO the end in view.
OF the mode and amount o. evidence Necessary
70 determine the presence Of each or these requl'
sites, this act, as have aires ady said makes you
the judge.
remark that conviction itself s Of course the best
Evidence, but in cases where no actual convic-
tion has been had, 1t woud seem that tne oniy
evidence which would prtnad Jacte constitute
s.proof to convict would be the voluntary con-
fessious OF ithe parties themselves when made
under such circumstances as 10 render IL COM
petent to prove these confessions on the trial IN
coup such contest are c early .'prool 70
Ieouyict - in The ttrct sense OF that phrase, es-
pecially when they are supplemented and con-
frmed by the similar confessions OF accomplices.
Any proof short OF this would leave douot OF Its
suficiency untllan actual conviction should nave
been Obtained.
It is evident that the proofs submitted to you
to establish ihe validity Of claims under TINS ACT
should rot rest solely on the atidsVts, or state
mont of the Individual claimant, but should In
.all cases be supported, and attested. by the OF
1icial certificates Of the officers who Were charged
with the arrest, detention and trial OF lie per.
sons on account OF whose arrest and dsRTery,
with proof to convict the claim is made.
Very respectfully, your o6pdienS servant,
fSiened, JAMES A. DU>BAR,
Acting Attorney General.