Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-12-19
SENDING OF TROOPS.
CONTINUED FROM FIRST PACED


lynched had they been without the pro-
lection OF the troops Several tunes uu-
ring the progress of the trial | was spe-
cially warn d by the sheriff IN wriuns
that the excitement was intense anu
danger was imminent -,
/ will here say that. as cool. deiipe-
rate, and brave oficer, do not believe
Major Dsrbyshire has his superior IN ''ie
volunteer service OF the state.
THE FEELING HAS INCREASED.
Since the trials many things have oc-
CURED to increase the feeling against me
prisoners and now II ~ doubtless int nsi-
fled by the action OF the supreme No"''
OF Appeals in granting new trial.
given and from reliable private iniorIna.
ton. that II the prisoners are returned.
TO the county OF Lunenburg without
military guard, the danger OF MOB 'ioience
Is even more imminent now than IL was
in July last, particularly II trere should
be a change OF venue. acquittals, or hung
juries.
lage. sevenIy-hve to eighty miles from
Richmond. sixteen to twenty miles from
a railroad and telegraph station. with no
telephone communication. II troops were
called for at any time by the SheriH IL
would be many hours before they could,
with the utmost CELEBRITY possible, reach
the scene Of trouble. 1t is my deliberate
opinion that a sufficient military guard
should accompany these prisoners from
Richmond To the place of trial, ana re-
main with them until the trials are end
ed. 1t is my deliberate opinion, from the
facts stated and information in my pos
session that II these prisoners are car
ried back without military protection ana
they have any hope now, they might as
well abandon II.
In saving this | do not mean to reflect
upon the good men OF Lunenburg county
no more than the Judge. Commonwealth
Attorney. and Sheriff intended to reflect
upon them when they applied so earnest
ly TO me for troops in July last But II
any insist upon so constituting II let me
say that ] would be unworthy indeed TO
hold the high and honorable position TO
which / have been called If | stife my
sense of duty 10 avoid the censure or the
thoughtless or save the feelings of a COM
munity.
! have no doubt the people OF Lunen-
burg as a body would condemn and dis
countenance mob violence, but there are
bad and reckless men, and men who can
be led by their passions 10 the commission
Of unlawful deeds in that county, as well
as elsewhere, and the Judge, Common
wealth's Attorney, and Sheriff evidently
thought so when they applied for troops
in July last and the developments upon
the trial sustained them In their opinion.
But though / firmly believe that without
a military guard the prisoners Will be IN
imminent danger Of violence, and though
as the Executive ] am commanded by
laws be faithfully executed, and made
commander-in-chief of the land and naval
forces Of the State. and empowered to
embody the militia TO repel invasion.
suppress insurrection, and enforce the
due execution Of the laws, / entertain
doubts as to my authority 10 send mill
tary guard with these prisoners unless
the same is called for by the Sheriff who
will have them In charge
Section 2i1 of the Code of 1877 is in
these words: Power OF Governor 10 Call
out Milltia-If any combination, whether
for dismembering the State or establish
ing i'm any part OF II separate govern
ment, or for any purpose, shall become so
powerful as 10 obstruct, in any part OF
this State, the due execution Of the laws
thereof, in the ordinary course OF pro
ceeding. the Governor may call forth the
militia, or any part thereof, 10 suppress
such combination"
| cannot declare that | believe there IL
now combination which means an asso-
citation, league, coalition, or conspiracy:
to do violence To the prisoners, ana
therefore II Is doubtful whether / have
authority to order out the military under
this section. | do believe. however, that
the state Of feeling is such that a combi-
nation or conspiracy may be formed
speedily at any time for the purpose in
dicated.
Section sos OF the Code Of 1887 ia in
these words: How Troops Called out in
Time of Danger-In case OF any breach OF
the peace, tsmult, riot. or resistance OF
law or imminent danger thereof II shall
be lawful for the Sheriff Of any county
or the Mayor Of any city 10 call upon the
Governor for aid. and in case where the
emergency is such as not 10 admit OF
this delay upon the commandant of any
division. brigade. regiment, or company.
CHANGE IN THE LAW.
The Sheriff refuses to act under this
section, and, in the absence OF call
for troops from him. | cannot take such
/ step as | think necessary 10 protect tNe
prisoners, preserve the peace, and NAM
Being powerless in the emergency. which
confronts mean emergency which may
arise at any time in the future re ne
above quoted be amended and re-enact-
ed. so that the whole section when Sc
amend d, will read as follows:
If any combination, whether ior ais
Numbering the State, or establishing IN
any part of 1t a separate government, OF
for any other purpose, shall become SO
powerful as TO obstruct in any part OF the
State the due execution OF the laws there
OF in the ordinary course Of proceeding
or ~ there shall be any breaches of the
peace. tumuft riot, or resistance OF law
or imminent danger thereof, the Cover
nor may call forth the militia. or any
mart thereof 10 suppress such comoina-
lions. prevent breaches OF the peace
suppress tumult, riot, or resistance OF
law. and guard against danger thereol.
The Codes OF New 1OTk, frnnsy wanna
Ohio. Illinois. and Louisiana, and, per
haps. the States generally, give the power
herein recommended TO the Governor, and
the Importance OF the amendment sug-
gested 10 section 2ll OF our Code, II seems
J 10 M. will strike every member OF your
honorable body AS our law STANDS now
The sheriff OF a county or Mayor OF city
only can call into service the military
i'm cases OF breaches OF the peace, tu-
rnults riots or resistance OF law, OF
imminent danger ther OF. The Executive
has no such power.
INTENTION OF THE LAW.
Was II intended by the lawmakers &c
subordinate the power Of the Governor
10 The will. caprice. or neglect OF duty
of the Sheriff? Suppose there is a rio, OF
Imminent danger thereof, and the Sherlfi
or Mayor Is in sympathy with the rioters
or &c illuminated by them. or captured by
them and viii not or cannot call FOL
troops. or suppose his judgment IS al
fauIi or he is incredulous and refuse:
10 recognize the fact that there Is danger
,Dusf Ire Governor charged 10 take care
thai the laws be faithfully executed
s,snd with his hands tied, and dumb
Snci surely was never the intention
80 The LEGISLATURE. II might be asked
rbv has this question never arisen before
,T,hs answer IL because no Executive. sc
far asI am Informed. was ever confront