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Charleston, Charleston County, South Carolina
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A Radical House member questions why Governor Scott has not deployed militia to quell riots in South Carolina counties and punish outlaws. The response asserts that civil officers must first handle arrests, with militia as a last resort only if civil power fails, which it has not.
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The answer to these questions might be made both short and strong. It is the duty of the civil officers in the counties in question to arrest all persons who are guilty of riotous conduct, or of any crime of which the law has cognizance. When those officers neglect this public duty, they must be removed and other officers put in their places. When the officers have not the physical power to make the required arrests, they can call upon the citizens for aid, and will get it.
Only when no officer can be found, or be appointed, who will fearlessly do his duty, and when, besides, the citizens refuse to give such officer their aid when properly called upon, has the Governor of the State any right to call out the militia "to execute the laws, repel invasion, repress insurrection, and preserve the public peace?" When the civil arm is proved to be powerless, and not before, the military arm may take its place.
And we undertake to say that no unprejudiced person, with a full knowledge of the facts, will venture to declare that the civil authorities are powerless in any county or counties in the State. As to "the outlaws" of whom the member speaks so glibly, it is enough to say that there are no outlaws in South Carolina, unless it be the Radical rule to deem all respectable citizens guilty before they have been arrested or put upon their trial.
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A Radical questions Governor Scott's failure to call militia against riots and outlaws in refractory counties; response defends that civil officers must first arrest rioters, aided by citizens if needed, with militia only if civil power fails, which it does not, and denies existence of outlaws except under Radical bias.