The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-03-02
OFFICIAL.

-A<:> &'-E< 'sase>AAS
STATE OF SOUTH CAROLINA,
EXECUTIVE DEPARTMENT.
COLUMBIA, y. c., February 28, 1873.
'jNdE following official opinion is herewith
l. published for the inIorma ton of ali whom
II may concern:
OFFICE OF THE ArronNEY-G ENERAL.
COLUMBIA, y. o., February 2S, 1878.
10 hts E1cel!e"cy F. j. Moses, Jr., Governor
DEAR SIH: Replying to your communication
ot the 21th instant, have tho hoDor to say,
that l have carefully examined the Act to
watch you refer, entitled An Act to make all
appropriation to pay claims arising under the
proclamation OF the Governor Of the state.
1873. ~
The Act requires On the part Ct claimants
that they shan submit to and hle their claims
with thu Governor. This presumes tho fiji lr
with their clanls Of The evidence OF their va
lidity.
1t further makes it the duty OF tho Co
vernon to Examine aaid claims and deter
within the terms OF said proclaim alton" He
ls. therefore, the sole officer to iudicially do.
eide whether the claims submitted are "yalid
mnder the terms OF the said proclama alton. 1"
Tho remainder OF tho Act simply defines the
routine by which tho money shall be drawn in
payment OF such claims as he shall determine
10 be OF the kind specified.
What are valid claims properly embraced
m,
% determined by an e1kmina ton Of the terms
OF the proclamation itself
eeThe purpose Of the proclamation was evi.
GENTLY to secure the breaking up Of tho Ku
kiu1 organization, and the bringing to pu-
nishment Of its members, as may be at once
seen from the language used, namely: "In
order that the parties to these murders and
outrages may be apprehended and appropri-
ately punished" 70 this end, a reward il
offered ''for the apprehension aud delivery Of
any and every person in apy Jail of this State,
with proof to convict tn elm OF having aidod or
participated in any or either Of those acts OF
violence and u nnrter. or OF having i'll disguise
state"
The above quoted language admits Of no
doubt IN regard to its requirements in order
to osta bllsh a valid claim thnreunder. There
MUST be Jirst, the apprehension and delivery
OF the person charged with tho crime, in
some j all OF this State; and second, the fur
nisling 0f ''proof to convict" the same.
Each and all OF these requirements must be
united. IN order to entitle any one to be paid
under tho present ACT.
ills an error to suppose that there must be
III zach case an actual conviction before the
reward can be claimed, for the requirement
OF the proclamation il not "conviction, i" bpt
PROOF to convict" 1t is equally all error to
suppose that tho simple arrest OF party,
charged with the crimo in question, or his
arrest and delivery in q Jail, is sufficient, for
tho third requisite must also be present,
requisites, tho latter is evidently tho all-im.
portant one to the end in Wow.
OF tho mode and amount Of evidence neces-
sary to determine the presence OF each Of
these requisites, this ACT, as llhaye already
said, makes you the judge.
VI what constitutes proof to convict"
may remark that conviction itpelf is OF course
tho best evidence, but in cases where no
actual conviction has been had, it would
seem that the only evidence which would
prin!d tdce constitute proof to convict" )"
would be the voluntary confessions OF the
parties themselves when made under such
circumstances as to render it competent to
prove these confessions on tho trial in court.
Such confessions are clearly "proof to con.
vict," in the strict sense 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 loaye
doubt OF its suficency until all actual CON
yiction should have boon obtained.
1t is evident that the proofs submitted to
you to establish tho validity Of claims under
| this Act should not rest solely on the aflida.
Wits or statements Of the individual claimant,
but should in all cases bo supported and at
tested by tho official Ger tin atcB OF the officers
| who wero charged with the arrest, detontion
and trial OF the persons on account Of whose
Very respectfully, your obedient servant,
tSigAcd) JAMES A. DUNBAR,
Acting Attorney General.
In presenting proofs OF claims. The claimant
must in all cases flo Herewith 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 District Attorney, stating that
| tho claimant furnished tho necessary "proof
| to convict"
In all cases OF confessions, tho claimant
| must file tho certificate of the officer who re-.
ceived the confession, stating that it was in
| all respects voluntary.
| All claims will be examined in the order in
which they are 1led, and twenty days from
the dato hereof will be allowed for filing claims
| and proofs.
By order OF His E1cellency the Governor.
Il. II. D. BYRON,
] March 81 Private Secretary.