Title: Amos T. Akerman to R. K. Scott, 11 March 1871
Date: March 11, 1871
Source: Transcribed from digital images or a microfilm reproduction of the original item. For a description of the editorial rationale behind our treatment of the correspondence, see our statement of editorial policy.
Location: National Archives and Records Administration
Whitman Archive ID: nar.01784
Contributors to digital file: Elizabeth Lorang, Nima Najafi Kianfar, Kevin McMullen, and John Schwaninger
March 11, 1871.
Hon. R. K. Scott,
Charleston, S. C.
The President has referred to me your telegram to him, of the 9th instant, in reference to disturbances in York and Chester counties in South Carolina. He has directed troops to be sent to that State. In order that the employment of them to suppress domestic violence may be strictly justified by the law, I respectfully suggest that you make a formal application to the President, setting forth that there is obstruction to the laws of South Carolina, by combinations of armed men, (or in whatever other way, if any, such obstructions are caused.)— that the Legislature cannot be convened,— and that you need the military forces of the United States for the purpose of causing the laws to be duly executed. See Act of March 3, 1807—2 U. S. Stat., 443.
I have no doubt that the Constitutional condition of the application from the Executive, to wit, that the Legislature cannot be convened, is fully satisfied when it is impossible to assemble the Legislature in time for the emergency.
The troops will be sent at once, and these formalities can be completed by the time of their arrival.
Very respectfully, &c.
A. T. Akerman,
lawlessness in S. C.