The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-03-02
OFFICIAL.
STATE OF SOUTH CAROLINA.
EXECUTIVE DEpARrMFNr

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STATE OF SOUTH CAROLINA.
EXECUTIVE DEPARTMENT
COLUMBIA, =. c., February 20, 1873.
I'VE following official opinion is herewith
Il published for the Information OF all whom
OFFICE OF THE ArroRNEY-GENERAL
COLUMBIA, =. g.. February 2S, 1878.
10 hts E1csne"cy F. j. Moses, Jr., Governor
South Carolina.
of tho 9th instant. have tho honor to say.
thas l have carefully examined the Act to
watch you refer, entitled AN Act to mako an
appropriation to pay claims arising under the
dated July %. 1871" approved February 2G
1873. ~
The Act requires on the part OF claimants
that they shan submit to and hle their claims
with their claims OF the evidence Of their va
lidity.
1t further makes it the duty OF tho Co.
vernon to examine said claims and deter
within the terms OF said proclamation" He
ls therefore, the sole officer to judicially de-
eide whether the claims submitted are 'yalid
,nI mnder the terius OF the said proclamation. ~
routine BY which tho money shall be drawn in
payment OF such claims as no shall determine
10 be OF the kind specified.
Wnat are valid claims properly embraced
Within the terms OF said proclaim ation, must
90 determined by an exkmin ton Of the terms
OF the proclamation itself.
eeThe purpose OF the proclamation was evil
Gently to secure the breaking up Of the Ku
hiu1 organization. and the bringing to pu-
nishment OF it's members, az may be at on ce
seen from the language ussd, namely: "In
order that the parties to these murders and
ousitages tsis % may be ap@prehended @ and appropri-
onered Tor the apprehension and delivery Of
any and every person in any Jail Of this State,
WITH PROOF 70 convict them OF having aided or
violence and murder. or Of having in disouise
threatened the life OF any ono within the
State"
The above quoted language admits of no
aonot IN regard to its requirements in order
to establish a valid claim hereunder. There
must be trst, tho apprehension and delivery
OF the person charged with tho crime. in
some jail OF this State; and second, the fur
nishing OF "proof to convict" the same.
Each and all OF these requirements must be
united, in order to entitle any one to be maid
under the present Act.
1t ID an errerto suppose that there must be
IN each case an actual conviction before the
reward can be claimed, for the requir ement
OF the proclamation il not ''conviotion," but
proof to convict" 1t ia quaily an error to
snppose that the simple arrest OF party,
charged with the crime in question. or his
arrest and delivery in Jail, is suificiont, for
tho third requisite must also bo present,
namely, proof to convict" and OF tho three
requisites, tho latter is evidently tho all-im.
portant one to the end in view
Of the mode and amount Of evidence neces-
sary to determine the presence OF each Of
these requisites, this ACT, as llhave already
sald, makes you the judge.
VI what constitutes "proof to convict"
may remark that conviction itrelf is OF course
tho best evidence. but in cases where no
actual conviction has been had, it wonld
seem that the only evidence which would
prin.a tlcie constitute ''proof to convict"
V0InnfarU of klo
parties themselves when made under such
circumstances as to render il competent to
prove these confessions on tho trial in court.
Snch confessions are clearly "proof to con.
vict," in the strict eense Of that phrase, cspe.
cially when they are supplemented and con-
hrmed by the similar confessions OF accom-.
plices. Any proof short Of this would leave
doubt OF its sufficiency until all actnal con.
viotion should have boon obtsinsd.
1t ls evident that the proofs submitted to
you to establiah tho validity Of claims under
this Act should not rest solely on tho aftida-
yits or statements OF the individual claimant.
tested by tho official certi6 atcy OF the officers
who were charged with the arrest, detention
and trial OF the persons on account OF whose
arrest and delivery. with proof to convict, ,ihc
Very respectfully, your obedient servant,
tSigaed) JAMES A. DUNBAR,
Acting Attorney General.
In presenting proofs Of claims. The claimant
must in all cases flo therewith the official
certificate Of the officer to whom the delivery
OF the party arrested was made.
In all cases Of actual conviction in court,
tho claimant must file tho certificate OF tho
United States DiDtrict Attorney, stating that
the claimant furnished tho necessary 'proof
to convict"
In all cases OF confessions, the claimant
must hlo tho certificate of the officer vino re-
ceived tho confession, stating that it was in
all respects voluntary.
All claims will DO examined in the order in
which they are 1led. and twenty days from
the dato hereof will be allowed for filing claims
and proofs.
Dy order Of His Excellency the Governor.
Fl. II. D. BYRON,
March Private Secretary.