The people's journal. (Pickens, S.C.) 1891-1903, 1895-10-03
tion and Senator Tillman proceeded to


tion and Senator Tillman proceeded tt
speak.
The Senator said it is an instinc
: with the Anglo-Saxon to be ever joal
GUS of his liberties and Of all encroach
ment. But in this special matter h,
had had experience and as he expected
never to have any more Of the same
kind he could, perhaps, be givcn crcdi
| for disinterestcdness. The gentle
man from Sumter had dwelt will
fecling and clOquonce upon the in
Justice that might be done by the cx
ecutive should it wish to tyranniz,
over the people. He had spoken
especially OF shCritfs but other officers
had charge Of moncy--clcrks, treas
urors, masters, Judges Of probate
When he was Governor IL report came
to him that Il clerk Of court, who was
| convicted last week ON Il side issue
because he could not be convicted on
| tho same main issue was in default
He fouEd the Governor had no power
in tho case and could do nothing To
protect tho people from continual rob-
berry. He had called the attention OF
the General Assembly to the lack OF
power in the Governor to protect even
tiduclary trusts from plundcr. Even
| when he knew q man was stealing he
| had no power to prevent or check him.
The Governors power was not un-
| limited. He was required by the
terms OF tho constitution TO take care
| that the laws are executed in mercy
| If he violated his trust and was tyranEi-
| cal, oppressive or corrupt, he was sub
| Ject to Impeachment on would certainly
sink under the Indignation OF tho pro-
pie at the next election. He regarded
the section proposed by the minority
report as proper and Statutory. He
trusted tho convention would not be
frightened by the shadow Of ~ possible
Tyranny into requiring future Cover
n0rs to await the slow processes Of The
courts. All knew how hard it was to
secure convictions in these cases. how
easy it was even for men whose c"imcs
were matters OF common nut0ricty to
secure cOntinuancCs and delays while
all the time remaining in Office and
plundering the public. Some OF these
men would actually take part in the
drawing OF the mics before which
they wore to be tried. In such cases
convictions were actually impossible.
Tho power to deal with cmbcZZlcrs
| and dcfaulters should be in the hands
OF some one person who should be held
responsible for the faithful perform
| ance OF his trust, and who was better
able, who was in better position than
the Governor elected by and repre-
senting the whole people, responsible
to them and expected to care for their
interests. MIR. Tillman concluded b,
saying he had two amendments which
he proposed to offer at the proper timC
and which he thought would improve
the minority report.
MIR. George Johnstone, who was fal
down in the centre aisle, got the floor
and made very strong and energetic
and at times impassioncd and eloquent
speech. 1t was, he said, the duty Of the
convention not to determine if the exec
utivc may become tyrannical, but tC
provide that he shall not be tyranni.
cal. The car Of Russia does not use
the power tyrannically, but in that
great empire there is neither political
nor personal liberty because the form
and laws Of the government make ty.
ranny possioic. The question before
the convention was Of the deepest, the
most supreme Importance. 1t was
whether this State is to be governed
by the executive or by the law, and in
that question lay all the essential
difference there is between Il rcpubli
can government and Il dcspOtism. 1t
was for the convention to decide here
and now whether this State IS TO be
ruled by tho people or by the officials -
whether it would make the executive
by law supreme and above both the
Legislative and judicial powers. If the
Governor was to have this power OF
suspension over the county officers.
why not give him the same power over
all officials high and low? That would
be pure militarism. Under this pro DOS
ed section Il sheriff might refuse to cx-
ccutc process or to perform any Of the
functions Of his Office, and thereby
paralyZo the administration OF Justice
within his bailiwick, and for conduct
SO monstrous there would be no punish
mcnt: but let him be, however innO-
Gently but ten minutes behind in uc-
counting for ~ OF public funds and he
could be suspended without u moments
warming. II the Justice Of this princi-
pie Of summary suspension by the cx.
ccutivc was admitted in one instance
it must be extended to all. What was
the Governor? He was merely the
chief executive servant OF the people
in the State as the shcrin is their
chief executive servant in the county.
Both were elected by tho people.
Neither should be liable to removal
from Office, unless after conviction OF
crime, except by the action of the peo-
pie.
MIR. Tillman "Ths report gives
the Governor power only to suspend on
a prima facio case Of guilt"
Mr.. .Iohnstonc: "A prima facie
case to the satisfaction Of judicial
officer? No. 70 the Sati ,faction Of
the Governor will go to any extent
with you to provide suspension,
rcmova! or punishment after ju-
dicial investigation. Continuing, Mr..
tombstone said it would be as proper
to include the State treasurer in the
list Of officers subject to suspension.
Senator Tillman -" am willing to
include the State treasurer"
Mir. JohnstOne: "Then extend it to
all the State officials, and in the name
Of liberty tell me who is to suspend the
Governor on a showing or suspicion Of
malfcasancC !"
MIR. Ragsdalc objected strongly and
especially to the manner OF obtaining
Information Of supposed malfeasancc
or dcfalcation by public officials likely
to be developed under this section.
Mr.. Parrott, Of Darlington, said the
Federal government claimed and cXcr-