The news and herald. [volume] (Winnsboro, S.C.) 1876-1881, 1876-10-19
4)olitiral,
Who is to GoYera the Governor
Editors Co!,mb;u Register


thunder out of u clear sky. This
proclamation in effect declares the
counties of Aiken and Barnwcll
to be in insurrcction that the cx-
listing rifle and sabre clubs are illc-
gal organizations that if they arc
not disbandcd in three days, he will
suspend tho writ Of habeas co'pus,
call out the negro militia to enforce
his orders, and, if that fails, he will
call OH Grant and tho United States
army ReH" to carry his election.
This is tho plain English Of the
proclamation.
In England it is u grave offcnse
for the government authorities,
either military or civil, to interfere
with the elections and is it posi-
bic that here, whore we boast Of our
freedom, M election is to be carried
by tho government by actual force L?
The rifle and sabre clubs arc or
CARNATIONS to protect our houses,
families, lives and the negroes who
affiliate with us. All the militia are
Republicans, and nearly overy man
and officer negro. All arc hostile
to'tho white Democrats. The Coy
ernor has, Oh sundry occasions, de
clarod his inability to enforce the
laws against the negroes Of Conba-
hoo and other points. If our organ
izations arc disarmcd our Hccs and
property are in inutincnt peril.
In order to allow only Radicals
to form military organizations, the
law WAS passed making it II pcnitcn-
tiHry oilcnsc for such organizations
to be formed without the acceptance
and consent Of the Governor. He
will not accept any white organizn-
ton. This law is clearly m.consti-
tutionai. Our State constitution is
explicit upon this point. Article I,
section 2S, provides "Tho people
have II right to keep and bear arms
for the common defense" The OK
preston to "bcar rrms" has it's wet
known legal me@ninGns referring to
military exercises and trnining
This definition is virtually given in
section 80, which provides "No
person who conscicntiously scruplcs
to bear arms shall he compelled SO
to do, but nc shall pay M equivalent
for personal service" Hence the
right ofthopcop to keep nrmaanlto
form military organizations is II
constitutional riyht, which neither
tho Lc@islntllro nor the Governor
can abridgc.
Tho statute under which the
Governor claims to act provides, that
when an ins,urcction, rebellion, or
"o"y unlncjW obstruction Of tie
'|"'rs exists, he may suspend the
writ Of hadeoS ro,Vu$. AMI in effect
declare martial law.
Clearly, there exists in South
Carolina no insurrcction or rebellion
(and there has been none, unless the
negro riots in Aiken and Barnwcll
and on the Comhahco may SO bo
called) Tho provision in case ''any
unlawful obstruction Of the laws" is
II provision in violation of our con
Btitution, for section II, article [,
provides "The privilege of the
writ Of hobcoS co,Y"$ shall not be
suspended, except when in case of
lnsurrcction, rebellion or invasion
the public safety may require it"
Hence no person, the Legislature,
the Governor nor any other officer,
can suspend the writ, except in the
three cases specified, to wit : iusur
rcction, rebellion or i,,rusiou.
Flow can u rebellion or insurrcc
tion be said to exist? A "rcbcllion" IN
an organized attempt to overthrow
n government by force and mn
"msurrection' is an open organized
resistance of large number of per
sons to the execution of the laws of
government. Can Governor
Chamberlain forbid white Demo
Gratis from appearing out of doors
after 6p. NJ, or their riding on horse
back on the highways (evcn should
the l.egislaturcEpass laws to such
IN ctlect) and, in case his orders bo
disrcgarded, declare martial law and
suspend the writ of hubeus co,puS =?
- 'i'Ni v Nv iiiiiil W VIC (llSticllOn Ot
the Governor, except what he may
doom for "tho good of the party O.
Clearly the Governor may exceed
the powers given him by the consti-
tuition, or no may attempt to
exercise powers vested in him by
laws passed. in violation of the con
stitutiop and in either case, his
acts are unconstitutional and rcro.
Mtionory, and he himself guilty of Il
"hiM crime"
But what arc we to do? I say
dlsband no legal organization
(amonY which J include rifle and
sabre clubs and military academy
cadets), except when compelled SO to
do by an irresistible power I ro-
gard, in our present condition, the
legally constituted civil and military
authorities Of the United States as
Irresistible powers. This I do. not
withstanding the United State
supreme Court at it's lest term held,
(Lnited States ns. Reese, that "",o
enforcement act is SO general in it's
provisions that it cannot be regard.
ed as 'apDrODriotc LEGISLATION for thn