which were undisputed, felt in no peril, voluntarily surrendered themselves, and commanded the volunteered support of "the entire bar," that is to say, all the white lawyers of the vicinage, in their defence, needs no enforcement of its significance as a revelation of the existing social conditions there; and the degree of fear of the law which was entertained by the white race when the matter was one of killing negroes, needs no other enforcement than is supplied by the following official paper: COLUMBIA, S. C., September 6, 1876. Hon. D. H. Chamberlain, Governor, Columbia, S. C.: DEAR SIR-It is due to you, as well as myself, that I should state why no action has been taken by me at the present term of the Court of General Sessions for Aiken County, in the matter of bringing to trial the persons accused of complicity in the murder of colored men at Hamburg on the night of the eighth of July last. I had been called North but a few days before the Court was to meet, by a family bereavement, but returned here expecting to go to Aiken to lay before the Grand Jury bills of indictment against such persons as seemed to have been engaged in these murders. On the day of my arrival here, I received a telegram from Judge Wiggins, then holding the Court at Aiken, in which he stated that he thought it best to have all of these cases continued without giving out bills. I had, before going North, determined, after full conference with Hon. D. T. Corbin, who had been employed to aid in the prosecution of these cases, that it would be neither practicable nor advisable to try them at the present term of the Court, even though bills should be found; but that they ought to be continued until the next term of Court. Various reasons influenced us in coming to this conclusion. The witnesses on the part of the State are chiefly colored persons. resident in Aiken County. This class of persons has become greatly alarmed and intimidated during the past few weeks by the presence of armed bodies of white men who attend meetings in their neighborhood. Whether they have reason to apprehend injury from these men or not it is needless to inquire, so long as it is apparent that they are alarmed and intimidated. While these witnesses continue to feel in this way, their attendance at Court could not be depended on; and, even were they present, they would testify with reluctance and fear, and the value of their testimony would be greatly weakened. On this ground alone it would have been my duty to have moved to continue the cases. Again, since the time when many of the accused parties surrendered themselves and were admitted to bail, an exciting political contest has 'Judge Wiggins, one of those chosen on Black Thursday, had superseded Judge Maher. opened in this State, and the events connected with the Hamburg riot have been discussed by men of both parties and from different standpoints. The cases have thus come to have, to some extent, a political bearing, and the real issue, as to who are the guilty parties, has been overlooked. The attempt to try the cases while this political conflict rages would, in my opinion, have been equivalent to a trial by the passions and prejudices of juries, and not a trial by their calm, unbiassed judgments. This would be true whether the juries were composed of men of either or both political parties. As I concluded to move for a continuance of the cases until the next term of Court, had bills been found, I thought it advisable, in view of Judge Wiggins' telegram, to defer to his opinion and take no action at all at this term of Court. I was more inclined to do this because of the fact that a case is now pending in the Supreme Court of this State, in which the question is directly raised as to the legality of the present Grand Jury of Aiken County. Should the Court decide that the present Grand Jury is not a legal one, all bills found by it would be void, and new ones would have to be given out to another jury. Still, I should have taken the risk of a decision adverse to the State upon this question, had there been no other grounds for continuing the cases. In view, then, of all the facts surrounding these cases, I am confident that the course I have taken is the one which it was best to follow, and that the interests of public justice will be better secured at the next term of the Court, when it is fair to suppose that the present political excitement will have subsided and the attendance of all the witnesses can be secured, than it can be now. Very respectfully, your obedient servant, WILLIAM STONE, Attorney General, S. C. Events of subsequent occurrence enabled the guilty agents and abettors of the bloody work at Hamburg to escape all punishment for their crime at the hands of human justice. The race hatred, signalled into activity by the "Straight-outers" of Edgefield and Aiken, wreaked itself by many a grumous stain on the soil and fame of the State before November. What the Governor dreadingly foreboded in his letter to the President, when this affair loomed in the murky sky of South Carolina politics, "a vast, tremendous, unformed spectre," became a terrible experience. CHAPTER XX. Call for an Early State Convention of the Democratic Party Issued in the Interest of the "Straight-outs "-Ineffectual Efforts of the Cooperationists" to Secure a Postponement until after the Republican Convention-"Watch and Wait" their Watchword-Judge Maher and Hon. George W. Williams Decline to be Candidates for the Democratic Nomination, and Advise that No Nomination be Made in Opposition to Governor Chamberlain-Letter of Hon. B. O. DuncanCounty Conventions Opposed to Making a Nomination-Meeting of the State Convention-Questions of Policy Debated in Secret Sessions-Triumph of the "Straight-outs "-General Wade Hampton Nominated-The Charleston News and Courier Supports the Policy Its Judgment had Condemned. TH HE publication by the Charleston News and Courier of the series of articles in vindication of Governor Chamberlain, and the Hamburg affair, which forced the Governor to proclaim his uncompromising hostility to the violence sanctioned by many Democrats and not effectually condemned by any, were concurrent events that promoted and intensified the conflict within the Democratic party. The passions and prejudices aroused by the revival of bloody race persecutions were unfavorable to a just consideration of the argument addressed to reason and patriotic interest. While the excitement so fomented was at its height, the Democratic State Executive Committee issued a call for a State Convention at Columbia on the 15th of August. The apparent motive of this action was to force the Democratic party to determine upon its course before the meeting of the Republican Convention, and thus forestall the influence which the renomination of Governor Chamberlain, then daily becoming probable, might exert upon Democrats more concerned to secure honest administration of the State Government than to strive for a doubtful partisan victory. The "Coöperationists" were taken by surprise, but at once they began an agitation to induce the Committee to reconsider its action and postpone the date of the Democratic Convention until after the Republican Convention. Failing in this, they sought to secure an expression in the county Conventions, when choosing delegates to the State Convention, which would compel the latter body to postpone the nomination of candidates until the Republicans had shown their hand. In this effort they obtained a degree of success which, until the meeting of the Convention, appeared to be decisive. While it was no secret that the favorite candidate of the "Straight-outs" was General Wade Hampton, they flattered the "Coöperationists" by bringing into prominence as candidates men whose sympathies were known to be with that party. One of these was Judge Maher, a leading citizen and lawyer, a life-long Democrat, and the Judge who was superseded by Wiggins through the action of the Legislature on "Black Thursday." But Judge Maher, by means of an interview published in the News and Courier, publicly repudiated the seductive proposal. His judgment regarding Governor Chamberlain's Administration and the proper course of the Democratic party was emphatically expressed. Reporter. Judge Maher, you have been nominated, or at least you have been suggested, as the Democratic candidate for Governor of South Carolina. Would you mind stating your views upon the subject-I mean whether you would accept such a nomination. Judge Maher. I could not, and would not, under any circumstances accept the nomination for Governor, not if I could be assured of the vote of every man, woman, and child in the State. In the first place, I could not afford it; and again, as you know, politics are not congenial to me. I am a fireside man, and prefer the enjoyments of home to public life. In the second place I do not think that any Conservative or Democratic Governor could accomplish any thing in the Executive chair, unless we could change the character and complexion of the Legislature of the State. This, in my opinion, can hardly be effected. A large number of honest men may be elected, but scarcely a majority, and even with a strong minority of Democrats, I do not think that a Democratic Governor could effect any material reforms, because he could not control a sufficient number of Republican votes. Under existing circumstances, and with the Legislature constituted as it is, Governor Chamberlain could do the most good for the State, and could effect the most reforms. If Gen. Kershaw or Gen. Hampton had been Governor for the past two years, neither of them could have effected as much reform or benefited the State as much as Governor Chamberlain has done. It would not have been in their power. Governor Chamberlain has been true to his pledges, and I believe that under any circumstances he will continue the same course of reform that has marked his Administration. It is to his interest and that of his party to do so. I don't believe that he pursued his policy of reform for the purpose of pleasing the Democrats, but because he be lieved it to be right, and because it was to his own interest and that of his party to do so. Reporter. What are your views as to the "Straight-out" policy? Judge Maher. Well, as I have before stated, I don't think that my views are of much consequence. But it seems to me that it would be just as easy to reform the Legislature as to elect a Governor, and it would accomplish more practical benefits. If it were in our power to elect a Governor we should be under no obligations to the Republicans, as we could then secure a majority in the Legislature. But, as I said before, I have bestowed very little thought on politics. I have been pressed with the duties of my office, and have always made it a point not to mingle in politics. Reporter. What are your views as to the expediency of making nominations on the 15th? Judge Maher. I am decidedly opposed to any nominations on the 15th. It would be premature, and the Convention was evidently called at that date with the intention of forcing "Straight-out" nominations. I am at a loss to see the good of it. It can answer no purpose except to commit the Democrats to the "Straight-out" policy, an exceedingly unwise measure, at this time at least. Reporter. Do you think that a majority of the counties can be carried by the "Straight-outs"? In Judge Maher. I can't, of course, undertake to speak for the other counties. Barnwell the Democrats seem to be very much enthused, and, although the Radicals have a majority of about 2,000, the people seem to think that they had better run the risk of a total defeat than to make any compromise on a county ticket. The real truth is that, in this county, the Radicals have never offered a man fit to vote for. Reporter. Do you think, Judge, that Mr. Chamberlain will get the Republican nomination? Judge Maher. Judging from his victory in the State Convention, some time ago, I think that he will get it. If he does, I think that the Democrats had better hang on to him, as I see no chance of defeating him, unless there is a bolt, which is exceedingly doubtful. Governor Chamberlain could probably do more good to the taxpayers than anybody else, because he could control Republican votes in the Legislature. As to the counties, the leading men must know best what to do. In Barnwell County there is scarcely any use to make a compromise, as the other side never offer such a man as Governor Chamberlain, nor do they ever offer anybody that a respectaable man could vote for, and I think, therefore, that we had better run the risk and nominate county officers. Another of these gentlemen was Hon. George W. Williams, an old Charleston merchant, very wealthy, and highly esteemed throughout the State. Knowledge of this use of his name. coming to him in his summer retreat, he sent the following communication to the News and Courier: To the Editor of the News and Courier: MOUNTAIN HOME, NACOOCHEE, Ga., Having received numerous inquiries desiring to know whether I would accept a nomination for Governor of South Carolina, I beg leave to say to my friends that |