William R. Day

“ The argument being that the Federal act of June 25, 1868 (15 Stat. at L. 73, chap. 70) , provides that the Constitutions of certain states, including South Carolina, should never be amended or changed so as to deprive any citizen or class of citizens of the United States, of the right to vote in said state, given to them by the Constitution thereof, named in the act, except for the punishment for crimes such as are now felonies at common law, whereof they shall have been duly convicted under laws equally applicable to all the states. ”

“ Upon the filing of the complaint before a magistrate, what is termed an arrest warrant was issued, directed to Henry E. Valentine, as special constable, commanding him to apprehend the plaintiff in error because of the alleged violation of the agricultural contract, and to bring him before the magistrate, to be dealt with according to law.
As it becomes necessary, in considering the Federal questions raised in the record, to know the facts concerning the homicide, we take occasion to briefly summarize such as are pertinent. ”

“ But an inspection of this record does not disclose that by any request to charge, or otherwise, any advantage was sought to be taken of the unconstitutionality of the act other than is found in the request for the peremptory instruction to acquit the accused. ”

“ The testimony offered for the state and that offered for the plaintiff in error differed widely as to what occurred at the time the constable was shot. The record discloses that about the time of the attempted arrest, Valentine, the constable, summoning one Carter to assist him, about 3 o'clock on the morning of the homicide, proceeded to the farm of one Spires, who lived near to Franklin's house, and requested him to induce Franklin to go to his house, that he might be there arrested. Accordingly, Spires went to Franklin's, and, having aroused him, asked him to do some plowing for him. ”

“ The record discloses that the homicide occurred upon the attempt of H. E. Valentine, entine, a constable, to arrest Franklin upon a charge of 'having violated and broken an agricultural contract,' against the form of a statute made and provided in such cases in the state of South Carolina. ”