Year: 1876

70 the EdtOr Of The Trt6Hhe'


SIR: The condition of South Carolina justly
attracts the attention of the country lhc
orovest questions are here presented queSuohs
of constitutional power and right, of executive
prudence and'duty of political discretion and u-
bappily. of partisan and individual interests 10 DC
ot once clear sighted and impartial among 'he eA-
elements and animosities which now envelop all
narties here. is exceedingly difficult should claim
mora than will be conceded TO me IL l
were to assert my own entire eAemplo"
from disturbing influences. The TACT th"'
am myself a candidate VIII De sc'
down TO discredit as a witness or Judge Oh
.be other hand. those who denOunce my action
and deny INV st tatements would seem to be exposed
in any fair estimate, to equal discredt. when l
assert upon my personal and official responsibility
that domestic violence exists here of such klnd
and degree as to be beyond the restraints OF ordi-
nary civil and judicial agencies, and when Wade
uamnton mon his personal responsibility denies
Il the country must look to the char
acter and information of the opposing
witnesses and to the evidence which each presents
70 inform its Judgment. do not perceive that the
evnosure 10 bias is greater in my than in that
of nv opponents Sir James Macintosh says
"Ofcial responsibility composes the mind and
sobers the Judgment" l certainly feel the truth OF
the remark and venture to think that am under
heavier bonds at this moment to speak the truth
and TO act with all the impartiality can command
than any other man in South Carolina


The statement now make is called forth by the
special efforts made by my opponents here TO set the
sentiment of the country against the cause which
/ have the fortune to represent, and against the
President Of the United States, who has responded
TO my call upon him for aid in suppressng domestic
violence The press dispatches present ouy the
views of my opponents. l do not expect to affect
partisans greatly on either side. without doubt
many, if not most, Republicans will sustain my
action and that of the President because we are OF
their party; while for a similar reason Democrats
will denounce it. Fortunately there is a consider
able reserve force Of men not blinded or perverted
by mere partisanship. BY such men statement
from me will be candidly considered, and to such
men especially address it.


No TIME TO ASSEMBLE THE LEGISLATURE.


The provision that the United States shall pro





Legislature or of the Executive when the Legsla-
lature cannot be convened agains; domestic yio-
enceD is a part of the Constitution of the United
States. 1t was intended to meet foreseen neces-
sity 1t imposes high duty upon the General Gov
ernment. The only inquiry at present needful is,
has a case occurred here which warrants the eXer-
else of the power thus conferred and the discharge
Of duty thus imposed The answer depends mainly
upon the facts The President of the United States,
upon my application cOnformaby 20 the terms of
this constitutional provision, has decided TO grant
the protection demanded 1t has been suggested
that the Legislature might have been convened in
this State. Certainly this suggestion can have no
foundation except in the desire for delay. Ii does
not go TO the merits of the case. If a case has
arisen which would warrant the Legislature in call
ing for protection against domestic violence, then
the Legislature could not be convened in time to
cure protection before the domestic violence would
have accomplished its purpose. Besides this there
are no funds available which can be made ayaila
bic within the next 60 days for the expenses in
separable from session, however short, OF the Leg
islature.


THE FACT OF DOMESTIC VIOLENCE.


As TO the fact Of domestic violence in this State,
what kind and measure of proof should be required
1t well TO notice that the Constitution does not
prescribe the kind or extent of domestic violence
which will warrant either the Legislature or the EX
ecUtiye in applying for protection, the United
States in granting it, The United States Revised
Statutes give power 10 the President "in
case Of an insurrectIon in any State
against the Government thereof" TO give
military aid on application of the Executive,
when the Legislature cannot be convened. What
ever may be the exact legal definition of the term
domestic violence" as used in the Constitution,
nsurrection" as used in the statutes, it will DC
conceded by all that the occasions here contemplated
are such present so formidable resistance or OBJ
struetiOn to the discharge of the functions Of the
government Of the State the enforcement of its laws
and the protection Of its citizens, to require
greater force than the Government of the State pos
sesses for that purpose Neither by the Con-
shtutiOn nor the statutes is 1t made
condition Of the exercise of the power in question,
that the domestic violence OF insuuectOn shall
have overthrown the courts or actually resisted
Their officers processes. The occasions for its
freise seem to rest in the official discretion of the
Executives Of the State and United States. Their
oihcal responsibility is the safeguard against its
abuse. This is the doctrine laid down by Chief
Justice fancy in Luther agt. Borden. There is
therefore no specific infallible test by which it may
20 known when the proper moment or occasion has
arrived.


those who assert that such an occasion does not
now exist in South Carolina declare that the civil
onicers have not been resisted In the execution of
tne laws. But domestic violence may arise and
utterly paralyze the of the civil authority with
out actual physical resistance to any officer of the
law lnsurrection may exist in complete proportions
before blow has been struck against any
eiVh officer. To send a constable OF sheriff
70 arrest thousand armed and mounted
men, assembled In violation of law and
engaged in riotOus acts and murders, is not