The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1894-01-31
PROSTITUTION OF TaE PARDoNING
~ POWER.

account OF the arrest, trial and conviction
of whiskey Constable Elliott before a
Trial Justice in Charleston for an assault
upon woman while he was prosecuting
an unlawful search in her husbands
store for contraband whiskey; also what
Gov. Tillmau did and said as soon as he
heard of the conviction.
Leaving out of consideration the fact
that the assault was made upon adefence-
less woman in the absence of her hus-
band, and that it was committed by the
constable while searching the premises
without warrant and without even
exhibiting his badge OF Office, it appears
that he was regularly tried before Trial
Justice of the highest respectability, and,
waving trial by jury, was duly con-
victed of the assault upon the testimony
of six witnesses, contradicted only by the
defendant himself, and was sentenced to
pay fine of $50 or be imprisoned for 80
days.
AS soon as Gov. Tillrnan heard-Of the
result OF the trial, and in advance OF
receiving official information, he tele-
graphed in hot haste to the Trial Justice
not to commit Elliott, as he would pardon
him as soon as he received copy of the
sentence. This act he justified in the
following language spoken to the repor-
ters in Columbia at the time:
= "I don't propose to have partisan
juries put constable in Jail when they
won't convict whiskey seller on the
most indisputable evidence. They shall
not put lying witnesses against gentle
man whom know personally to be
gentleman. would take Elliota's evil
dence against any whiskey dealer in
Charleston or anywhere else. There are
mum be1s OF men in Charleston who won't
perjure themselves, and such men shall
Be put on the juries or will remove
every trial justice in Charleston"
When he uttered these words the Gov
ernor doubtless thought that Elliott had
been convicted by a jury. Learning his
mistake lie subsequently, said, 1.-THE Trial
Justice rnight as well send in his resig-
nation,n adding much more that showed
the holiness of.his temper.
3 But what we wish particularly to
invite attention to is the glaring and out
zrageons prostitution of the pardoning
power by Gov. Tillman. There is no
doubt Of the Governors constitutional
right to pardon any offender, but the
power should be orderly and cautiously
exercised after due investigation of the
facts OF each case, and is generally exer-
cised only upon consultation with the
officers OF the law engaged in the trial.
But here he. did not even wait to consult
the defendants own attoruy, much less
to receives report ~ the case, but used
the swiitest messenger at his command,
sto-wit, the telegraph, to order the Trial
Justice to suspend sentence until he could
issue pardon to the offender.
This was mot the calm and deliberate
act Of an Executive intent on enforcing q
due ard orderly administration Of the
law. III was rather defiance Of the law,
when invoked against those whose con-
duct he was determined to uphold at all
hazards !; the resentful act Of q bitter
partisan who would brook no interfer-
ence with those whom he had appointed
to do his will. he denounced the wit
nesses who testified against the consta-
bles as "lying witnesses" threatens to
pack the juries, remove the Trial Justice.
and, if needs be, to call out the military; /;
and all this an ssn expression OF his resent
ment for the conviction of Elliott.
{ Are ths people the plain people who
put Gov. Tillman into of6ce-blind that
they cannot see that his willis the meas
ure Of the law; that at his will this Dis
pensary Act, with all its odious features
ofsearches and seizures, spies and infor-
mers, was framed; that by the force Of
his will 81 turbulent and snbservient ma
iority OF tho Legislature was made to
adopt it and that it Is now his will that
It shall be enforced by his minions.
despite the yerdicts of juries and the
independent Judgment Of Trial Justices ?
rs not this the act of atyrant who puts
himself above the law, and tramples
under foot the cherished sentiments of a
people? Do they see nothing to condemn,
and will they still ssy it is all right
because GOV. Tillman so orders itf We
do not believe that they are so lost to all
sense IF manhood, to all respect for due
observance Of the law, and to the love of
freedom, as TO look on with indifference
and SOS their homes invaded and their
liberties assailed, and when they have
appealed to the law in it's appointed
forms and instrumentalities to redress
their wrongs, to see its mandates yenge-
fully get aside by the Governor Of the
State i'll order to protect the wroDg-doer
from just punishment. And may not
the day soon come when, if the Courts
are not to be permitted to protect their
rights and redress their wrongs, an in
.dignant people will take that redress
into their own hands /? Who shall then
say that the conduct Of Gov. Tillman has
not contributed to bring about the resultf
Let the people answer.