The Brookhaven ledger. (Brookhaven, Miss.) 1875-1883, 1877-05-31
The kScu,per Tru.cdy.

gle word to say about the Governor OF
Illinois and his indifferent Gction to-
ward the perpetrators of THAI revolving
Streater affair, in which sixty miners
were poisoned by rival workbench, which
was accomplished by putting arsenic in
their food. We do nut,make this COM
parison in justification of the Kemper
or Streater tragedies, for we believe
that justice should be applied to the
perpetrators of such offenses. Bnt
what we want to get at is this: A great
many papers are assa,ling Gov. Stone
because the participants of the kemper
tragedy have not been arrested. We
ask the question: How is the Eyecu-
tive of this State to accomplish those
arrests? He has the power to call out
.Le militia to suppress riots and insur-
rectious, but We fail to see where he
has any power to make an arrest other
wise. The Governor visited the scene
of the &mper tragedy, ana upon his
arrival tho people had dispersed. and
he found MI quiet. Now, in the opin-
ion of those papers that have been as
sailing Gov. Stone, we would like to
know what course they think he ought
to pursue in this case? And while they
think he ought to do something, they
must remember that he must keep him.
self within the bounds of the Constitu-
ton and existing laws; and that he can
not exercise any power OF authority not
legally delegated to him. Do they
think he must order out the militia
whether the law will sanction it or not,
and proceed TO Kemper county and
make Wholesale arrests, III the absence
of any legal process or evidence against
any certain individual? or do they think
he ought to order the Circuit Court OF
that county to v when the Con
stitutiJn of the State debars him from
exercising "any power properly belong
ing to the judicial department? or dc
they think the Governor has the right
to order the Sheriff to make arrests
when he is not authorized to do so:
As there ara no riots or instructions IN
the State now, the Governor is power
less to call ont the militia. AS the
Circuit Court of Kemper county is not
in session, the Governor has no power
to convene it.
II the Sheriff OF that county is moi
armed with the necessary warrants:
supported by af1idavits, we do not see
how Re can make any arrests and keel
himself within the bounds OF Law. The
, militia question then is disposed of. IL
regard to the Court, the Governor ba:
requested the Judge of the Jud'cla
District which includes the county o.
Kemper, to call an extra session OF hi
Court for the investigation of the atfai
and for the trial of those who may b.
criminally accused. The Governor la
done all he can in that respect. Nov
it remains TO be seen what course til
Judge of the district will pursue.
Now, we do rot claim to be a limb o
the law; but according to our view o
the case, we DO not see how any of tn
perpetrators of that tragedy a be ar
rested unless some person files an aft
davit against them, upon which wer
rants can be issued. The Sheriff thel
can proceed TO make the arrests in du'
form Of law. If this officer is resisted
in the discharge Of his official duties
and such facts are properly mad
known, then the Governor can asser
the supremacy of the Constitution, TO
it provides that "it shall be his duty K
see that the laws are faithfully execut-
ed" In all cases under the Constitu-
ton it requires some emergency to JUS.
tify the Executive to interfere. Th'
subordinates must first endeavor to dis
charge their duties, and if they are re
sisted the Governor can come to thei
reacue.
In all criminal prosecution the &C
cused shall have a right to be heard
and be confronted by the witnesse
against him. The courts are open, an,
every person can have q remedy by du
course of law, and if the aggrieved par
ty does not appear, how are the accuses
to be arranged before the court?
Our object in writing this article wa
to show if possible that our Governo
has been unnecessarily assai!ed in thi
matter, and unless some emergenc,
arises to justify his interference, he ha
no more right to do anything in tn
Kemper county tragedy than any othe
man. His powers are deGned..by law. AN
whenever he transcends those power
he becomes an offender. Whenever tn
emergency requires it, the Goyerno
will not hesitate to do his duty rs tn
law directs, and no good man woul'
have him to attempt anything c%ontrar.
to law. We hope We have sufficient,
justified Gov. Stone in his action, bu
wish it to be understood that We do no
justify tie Kemper or Streater tragedies
| Gov. Stone has exhausted all the means
in his power in regard to this affair
and it remains with the local authorities
of Kemper county to do what is to b'
done.
EeLegru usaic GieanIngs.
There is nothing new from tho Tar
ko- Russian war. The two armies re-
mind one of the boys and the chip
~