The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1913-09-03

OF course not. Out of the fullness OF
your heart, your mouth spoke, which
Is always a good thirg. But it would
be dishonoring South Carolina; il
would be striking at the vitals of gov
ernment for a senator to have daily
official dealings with an alleged con
gressman, while he knew deep down
in his heart that he was no con.
| gresham at all, but that he was a
corruptionist and perjurer. You
are compelled to speak and to act. OF
you will be particeps criminis. You
will be an accessory after the fact
regardless Of the future of what the
Democratic party may do and the
legislature may do. You are now
dealing with the past, and you have
no right to cover it up; and I appeal
to you In The name of South Carolina.
Consider the facts: George Legare
died; there was a hasty, pell nell, pre-
cipitcte primary. Half the time be-
fore that primary, because of con.
fiict between the governor and the
State Democratic committee, it was
uncertain whether or not the election
would be held before or after the
primary AS matter of fact, the
election was fixed for date before
the primary. That was the ridiculous
extent to which we had come Then
there had to be meeting of the
executive committee, and the date OF
the primary was pushed forward until
substantially nc time remained. The
primary was held only about two
weeks before the election. in the
midst Of it all, primary, election and
the swearing in of Mr.. Whaley a few
days thereafter, there was the great
est confusion and debauchery. There
was no time for redress within the
State. There was no time before he
took his oath Of Office You know 1t.
You know that while 1 was in Wash.
ington, and you were pretending to
help me. Mr.. Whaley was rushing his
certificate of election so that he might
take his false oath and be seated be-
fore the machinery Of justice could be
stirred. But great rights and great
principles certainly cannot depend up
on the haste of action. The only ques-
ton is: Is Mr.. Whaley rightfuJly en-
titled to his seat?
But you are alsO\ equally muddled
about fixing the law SO as to prevent
such a thing in future. You talk as if
no laws existed. Turn to the Criminal
Code Of South Carolina. There is a
whole subchapter devoted to laws
meant to- meet the Whaley case, with
this one exception: that they do not
provide for a forfeiture Of his seat
Twenty-One sections define and de-
scribe crimes against elections, COW
ering every imaginable corrupt
practice. enacted, many Of them,
years and years ago; but inefficacious
and as innOcuOus as q law against the
rise of the tides unless they be supple
mented by one small law. the law Of
restitution, and that is, that the thief
and the perjurer shall restore to the
people the election which he stole. So
far as the law is concerned, that is
the only amendment 1 would suggest.
And it would be nothing but what
nearly all other States have passed,
and what from the beginning Of time
has been the basis of all law, that the
injured party shall be placed as
nearly as possible in his original
status. There is q penalty against
larceny 1t is also a fact and the
law if the stolen goods can be located,
they will be returned to the owner
In this case the stolen property has
been located and Mr.. Whaley is sit.
ting on it, 1t does not belong to Mr..
Whaley but to the people Of the First
congressional District Of South Caro-
them so that they and not you, in
your discretion and for your polit-
tical convenience, might say to what
good man they shall for a time en-
trust it. But even with the state law
amended, all future cases like Mr..
Whaley's would have TO be tried in
Washington. Congress is the sole
tribunal; SO that even these conven-
lent theories Of yours fall to the
ground. Washington, under the con-
stitution, is still the place, and what
you would call washing our linen in
public" would still have to be done,
in the literal menaing of the word, in
the only legal washing town.
1 am enclosing you copy Of the
case of Gill against Catlin, which
would ask you to return upon reading.
That was n case where the law of