The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1894-02-28
Opinion for a Despot.
The Atorney Generals Recent Efor
Mag Lead to Untozd Mischief.
To the Editor of The State:

To the Editor of The State:
In your issue Of last Saturday, the
18th inst. read an opinion furnished
by the Attorney General in response
50 call from Governor Tillman. wish
log. as it appears some legal light as to
the right Of his constabulary force to
make arrests and seizures without any
written warrant for doing so. I was a
little astonished at such call from
the Chief Executive at this late period
Of his reign. After taking the judges
of the United States Court to task for
their blundering in their decisions and
pointing out their legal errors in their
Interpretation of the law. / Thought We
had a Governor who could evolve from
his inner consciousness all the light
required in tackling the most intricate
questions Of law. Besides, l had sup
posed that the right of the constabulary
-force-high-minded gentlemen as they
are-to search houses, make seizures
and shoot down poor devils in the hum
bier walks of life, was already a res
adiudicata in Governor Tillman's mind
It never occurred to me that our Gov
ernor would care drop of dispensary
x for the opinion of any man or set Of
men. he has opinions of bis own, on
ali matters, most notably on matters
of law, perfectly satisfactory to him
self, however much at variance they
may be with those of men who have
made SUCH subjects lifetime study.
The opinion evoked BY the Governor,
is such as should delight bis heart. It
not only sanctions all that be has
done but all that he may yet do. 1t is
true that, as it nears its close, the
opinion seems to throw somersauls
aud present an attitude in which it may
be pleased to appear in the days yet to
come, when the present period of un-
reason is past, but in all else but tina.
one paragraph it sussains the executive
IN defying the Constitution and treat
ing with contempt the birthrigb. so
dear to every man with British blood
coursing IN his veins The opinion
rendered admits that ..Section 70 Of
the Constitution, our Bill of Rights, de-
clares that all persons have a right 80
be secure from unreasonable searches
or seizures of their persons, houses,
papers or possessions, bat it is strange
and startling that. in the same breath,
the ..opinion" declares that sit is uni
formly held that whatever powers au-
thorized BY the Legislature in further
anee of these provisions are not cou-
sidered unreasonable or unlawful but is
upheld as valid, reasonable and law
full.
It is refreshing to learn from this
official "opinion" that the Legislature is
SO omoipoteut and iOfaliale, but it is a
sad thing that any lawyer 10 the once
law aod liberty loving State
of South Carolina should hold
and teach the doctrine, so de-
structive of the freedom Of her citi-
zeps, that our Bill of Rights is so feeble
and slender that it vanishes into smoke
before the breath of SO august a body
as assembled in our State House iu
December last.
The "opioion" admits that the Con-
stitution of the United States requires
that "all warrants shall be supported
by oath or affirmation and be accom-
panied with a special designation Of
the persons or objects Of arrest or seiz-
ure, and no warrants shall be issued
but in the cases and with the formal
tiles prescribed by the laws" J"
!. But right here, the opinion see
ing the Governor persurbed and about
to pour out a food cf Characteristic
anathemas, soothes him with the kindly
assurance chat these specific desi gna-
tions Of persons and property are only
to be resorted to when written war
rants are issued but that the govern
ment does not require warrants in all
cases. Dispense with warrants is the
logical conclusion Of the opinion. then
ali these specifications can be dis
pensed with and raids on private and
public houses can 60 on without let or
hindrapce, except. much as the manly
spirit of people born free will certain
" offer. The people of this mis-
governed State are submissive to law,
but they Will not submit to satellite
of power who comes to arrest
them or seize their property, without a
lawful warrant for his work. Let him
approach With that; their haads are
folded. Let him come without it; he
is an intruder and an enemy.
We all know there are times when
arrests and seizures can be mace with
o,,t a -r;<tor ,v,rr,nt h,1t thesp are