The times. [volume] (Richmond, Va.) 1890-1903, 1900-03-27

C1areO InaCEzd% StdCs
listed when Ma tor Cutchins 4speciLca.i.' IS
stated that everything vas quiet. ali
civil authorities asserted atha taey c ID
best control the situation In tn absencsa
of the military? The editor OF The Times
asks the question: Suppose Ma or8 Cut
chins had reported to Governor Tyler that
il the troops should be fthdrIWn tnss@
mob would carry out their threats the
day before and lynch Judge GoodWyn.Sl rs
1T possible that at the instance 0ii. tn
Sheriff the Governor would have Scal:etss
the troops away? Suppose the mob had
begun to set fire to the town of EN- oria,
would the Governor have called the
troops away simply because the Sheriff
said so, and det the mob destroy the.
whole town." OF course not. These woutd
not have been parallel cases. Tor .lAnoll
only had the Sherif's statement that ne
HAD the mob under control, but this was
sustained by the Judge, whom ss me
Times own correspondent descr1ne1ss1n.
Saturdays paper as being cool, brave brave
and fearless supported yby the testimony
of al the leading citizens Of the town Of
Dmporia. Had such condition existed as
supposed by The Times, :or1 had been
able to foresee that the results would
have been assthey4 developed, would.
have takensthe responsibility of allowing
the military to have remained and given
them proper instructions under section
I'll and the general provisions OF the
constitution, to which The Times refers.
IT is very easy to criticise after an al1alr
is over.
at is true that Major Cutchtns said
in his telegram received at 1880 Saturday
morning, after stating that all was quiet,
etc, that the prisoners would be lynched
that night-not during the day-and I
had not the slightest intina ton that there
would be any lynching during that day.
It must be borne in mind that Judge
Goodwin had just wired me that he had
dispersed the mob; that all was quiet. and
that the Sheriff had sworn in i a civil
guard, and that it was thought best to &
send the military away. Major Cutchins
had his opinion that trouble would fol-
low. I had my fears and suspicious. but
the civil authorities differed with us, and
they were the parties responsible. and
their people the ones directly affected. i
sent a telegram to Major Cutchins, which
it was intended that he should show to
the Sheriff, and in 1t I warned the Sheriff
that the sole responsibility was on him.
When did this felt sure he would
realize his responsibility. and If he felt
there was risk in sending the troops
away that he would countermandl his or
der and that then during the day 1
could send more troops. H ow could
have foreseen that it was all a ruse to
get the soldiers away. They must have
deceived the Judge, who, it seemed to
me, was faithfully trying to do lis duty.
No, If under the circumstances had
declared martial Inv, and other good
lives had been sacrificed, would have
been very much more criticised, ana
justly. than for the course I pursued. L
had no intimation that the Sheriff was
Intoxicated, or that he was other than a
Competent officer. Law and order, OF
course. must be preserved. but DIT must
be done in an orderly and lawful manner
BILL OF RIGHTS.
"Our people are jealous, and well they
should be, in demanding the enforcement
Of that cardinal principle OF our Eill OF
Rights, which declares that In all cases
the military should be under strict SUB
ordination to, and governed by the civil
power and that all power Of suspending
laws, or the execution of laws by any
authority without consent OF the repre-
sentatives of the people is injurious 20
their rights, and ought not to be eNer-5
cised Certainly, these are just as bind
ing as section 211 of the Code, and the
general provisions Of the Constitution
quoted by The Times. Too free use OF
the military, or the use of it against the
protest of the civil authorities, should
be regarded as an unjust usurpation OF
authority, and should meet with the
severest condemnation Of the people. One
of the indie tments of our Declaratio OF
Independence againot George Ill was
that he had affected to render. the mill
tary independent Of, and superior to, the
civil power.
Our forefatH1ers planned wisely when
they put it beyond the ability of any man
to assume 1ictator1al power in the Union
or in any of the States. The military was
sent out when the call was made by the
Sheriff, and think it must be admitted
with ctmmendable prcmptness So said
The Times Saturday morning: They show
ed their ability to protect the prisoners,
or to have brought them away If the
Judge and Sheriff, whose prisoners they
were, had permitted it. They did all that
was required of them, and were used as
long as they were allowed to be used. II
the law was outraged or a deception prac-
ticed it was not my fault, nor the fault
of the law nor the soldiers, but OF. the
Sheriff, and he alone should be held re-
sponsibie Nothing but the inactment OF
the sevcrest penalty and removal from
Office of such officers when they neglect
their duty, and the imrcsing of heavy
cost on local communities, will put stop
to such lawlessness.
l