The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1884-04-24
STRICKEN. FROM THE DOCKET.
An end ut last to the Ubiquitous roliticn
Prosecutions.

At the opening of the United States
and Bryan being on the Bench, U: S.
District Attorney Melton announced to
the Court that he had motion to make
with reference to the cases on the calen-
dar charging violation of the election
laws. Before doing so, he said, ask the
indulgence of the Court to make pre-
liminary statement.
When I was appointed District Attor'
ney I found upon my desk very large
number of these cases-somethlng over
two huudred-in which the witnesses and
parties had been attending upon the
Court for several preceding terms. l
brought the matter to the attention OF
the department., urging that these cases
could not all be tried. and requesting
that be permitted to discontinue all of
them, except few which upon re.ex-
animation of the cases might be found
most meritorious. With view of de.
termining that fact the Attorney General
appointed temporarily gentleman, MIR.
Sanders, whose business it was to visit
different parts of the State and select
from the cases such as could be tried.
This was done at the April term, 1852.
and all the other cases were discontinued
by leave of the department. The result
was that there were at that term one
conviction, one acquittal, one plea OF
guilty, and in all the other cases tried
the juries failed to agree.
In the Fall of 1882 ! requested the
permission of the department to contin
ue the cases on the docket. They have
| continued there to this day. Those
cases, give me leave to say, had reference
solely, it is true, to elections for members
of Congress of the United States, but at
that time, under the law of this State,
the same box was used and the same
ticket was used on which the persons to
be voted for for State offices were named.
So it was difficult matter to investigate
the election of the national officers with.
out, at least, appearing to make inquiry
into the election of officers of the State
and County governments. | need not
say that the purpose of the Government
was to inquire as to the national election,
at that time and at all other times de-
claring. both in words and in actions,
that the Government of tbs United States
did not undertake 10 interfere in any
way with the local affairs of the State.
There is no warrant of law in so doing
and it did not desire so to do.
The Legislature of this State in 1882
separated the State and Congressional
reflections, separated the boxes and sepa'
rated the precincts and managers 80 that
investigations might be had without even
the alliance of interfering with mat
ters pertaining to the State.
Mr. Melton then read a circular which
had been addressed to him by Attorney
General Brewster of October 81, 1882, in
(which specific instructions are given the
Hunted States Attorneys concerning Ger
litain of their duties in respect to the elec'
ltions at which Congressman are chosen
| The circular among other things says
!"By Section l 1892 you are authorized and
required to institute prosecutions against
ali persons violating any of these penal
provisions, (included in Chap. VII, title
aCrimes," and to cause such persons to
be arrested and Imprisoned, or bailed fol
trial before the proper Court. This man.
date clothes you by just implication with
all needed conservative and executive
power. II is your right and duty moi
only to use all proper means for the de-
lection of completed crime, but also tc
enforce the law by fit measures to pre-
vent its violation. As one
main purpose Of these laws is to secure
perfect freedom to voters In exercising
their right, your first effort will be dlrec'
ted to that end, and the preparation In
| dicated in The case is simple. You have
only 10 give the voters assurance thai
you will certainly bring the whole power
of the law to their relief and every VIC
lation of their rights will be reported to
you; for every voter knows when bis
| freedom is assailed by force, threats, in
timidation, or ortherwise, as described IL
Sections SSH and $500, and no votel
willingly suffers such degradation. You
will not fail to give such assurance and
make it good"
| After urging upon the District Attor
ney to exert himself to prevent unlawful
combinations to violate the rights O.
voters, to prevent unlawful voting, te
prevent changing of the poll lists and tc
prevent illegal omissions and acts by the
officers charged with the conduct of the
election, which would affect the result o.
the election, the District Attorney il
given full power, if he thinks it necessa
ry, to apply for additiona! United States
Com missioners and to take such steps al
will insure speedy trial in such cases
The circular concludes as follows: "
there is occasion in your District for the
observance of these directions, or any O
them, you will so report and proceed a
once to act on them. If in your judg
ment there is no occasion for their en-
forcement, you will so report, stating
such facts as lead you to that conclusion
and unless otherwise directed will not bt
expected to observe the same"
I have to say, continued Mr.. Melton
that in carrying out as far as l was able
these instructions, land | trust will mol
be held amenable to the charge Of hav
i ing in any way omitted my duty in this
matter,) 1 have had the earnest sympa
thy of the department of justice through
out my efforts and the Attorney Generals
most ready co operation in the discharge
of my duty. Officers have been appoint
ed specially charged with most of the
duties here described and they have done
in the matter suppose what they could
At tie last term of the Court the cases
again came up for trial. They were
brought under these specific directions
contained in the circular have read
and they terminated with the same result
|-mistrials. am now persuaded
thoroughly convinced-that in the pres
en-, condition of public sentiment of 8
large proportion Of the people of thi;
Stat, convictions in these cases are i'm.
possible, and because l am so convinced
I have deemed it proper-indeed my
duty-to the Government as we'll as to
the people Of the State, to represent the
matter as it is to the Attorney. General
| of rho limited STATES This did in