The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-03-19

!
ID HE lape fertile planting counties Of the State,
with their thousands II negroes about them have the
same power and control The legislature as hye hun
dfed white men do who reside IN sterile district.
And tins y the lauded South Carolina uDy eTsal suffrage "
bni thus Is not all Any man IN that land OF equaly
who owns twenty town lots, one thousand acres OF
land distributed skay m Parcels OF SO acres each, OF
town lo in twenty election districts, can give tgenty
Uoes, while his high bred" but poor neghbor 0,g
gee one These are adduced merely for illus ration Of
The principles OF and suffrage IN that State
but have doubt that such cases as all those above
suggested actually exs, there and are looked upon with
ou surprise by the public.
Let Il not be forgotten that. although poor man NAV
give one vote where he resides he he elected
the Legislature, or the Office Of governor The consu.
hon provides that To be eligible 10 the lower house he
must be legally sesed and posse ssed in bis owl right
OF settled freehold estate of 500 OF land and ten
negroes or have real estate OF 100 pounds sterling value
Tree OF debt + If resident, he must possess settled
lfeehold therein OF The value of 500 pounds serling
Tree OF debt To be eligible to the senate, a man must
be- y resident, possessed in his own right of settled
freehold estate OF The value OF 300 pounds sterling clear
oil debt; VI non resident, he must in like manner
own an estate OF 1000 pounds sterling value clear OF
debt The governor must in the same manner possess
IN ms own right settled estate OF the value Of 500
pounds sterling. clear Of debt These the quaItca-
ions requisite 10 obtain the universal sfrages OF the
Palmetto State. Arsldes, Cincinna,us Belisarius, Mil.
,on burke, Pii and many OF our own most renowned
heroes and statesmen, would have stood poor chance
there IN contest with Chevalie Rheu oil the Puritan
line for high office! They might have sho wn honorable
scars, displayed the wisdom most splendid
eoquence but they could boast the seuled freehold
and must therefore stand aside
Such is the mode in which The legislature of South
Carolina is chosen, ana such are the quaca
tons OF its members. Lei us now, for moment, take
survey OF It's powers. Mr.. Rhet and Judge Butler take
General Houston sharply TO task for representing the au-
horty OF the legislature of South Carolina 10 be greater
lhan IN Tact 1t Is, have examined the subject, and
find that the extent OF legislative power has been fully
explained Upon reference to the constitution, it will
be seen ha, General Houston did not in the slightest de-
gree transcend the bounds Of truth. The legislative
power OF all governments is the great overriding autho
~ Il checks, controls and regulates both the executive
and judicial branches. unless il be restrained II builds
up and i pulls down; and in South Carolina es-
pecialy II Is hardly too much to declare that it is
politically omnipoient find no essential limitations
on lis power 10 be sure there is meaYre bill
OF rights, but that only guards against The most
open and yrannical acts Of aggression popular
freedom The point al issue IS, what the legislature
DO under The constitution! In the first place. amend
or change that constitution itself without submitting its
acts to the people. 1t true, doust III such amend
men,s must be published before the elections, read on
thirds /; but what OF all this The legislature and that
alone, can adopt or ratify them The people have no
more 10 do with the subject than they have with an
nual revolutions in Mexico. Mr.. Rhetts comments on
this subject were as dsngenuous and tricky they
gra,uitous and untrue. Mr.. Rhet himself admits that
the legislature elect the executive and judicial officers
The governor, when elected, is the puppet oil the
body that elects him II appears from the 10th section of
the first article OF the constitution that he cannot peto
bill passed. however objectionable, No provision is
made for such contingency II IS also commended by
MIR Rhet that the Legislature do elect sher riffs county
clerks, and militia officers Let what the cons,itn
itself This subject Ii provided ia the second
section OF the 9th article Of the constitution of $780, that
all Ocers shall be elected they have hitherto been
until otherwise directed by law but sherifs shall hold
their offices for four years., &C., &c Ii is likewise pro-
vded in the seventh section OF the general ordinance a
fixed to the constitution OF 1870, that "the legislature
their next meeting shall proceed TO the election of JUS
tees OF the peace throughout the State and justices of
the county courts" &c &c Thus stood the case un-
der the constitution OF $780, and upon reference to the con-
Of the twenty eighth and thrlieh articles
we Ind that serts and all The obicers Of The mi aope
he rank Of captain chosen by the legislature
These were the provisions, as understand, which the
constitution OF 1890 recognised and continued by The
foregoing articles. Thus matters remained so far as
the constitution shows until the following amendment
was ratified on the Goth December, 1925
$ All the epn officers whose authority limited
gle election district single Judicial district, Of
either shall be appointed, hold their office, be
from Office and, in addition to liability impeachment
may be Panshel Tor official misconduct IN .ch
me gtsiafurs prfnions 10 her appointenf provide
Here then, authority given the legislature TO pre-
scribe they 6 the mode of elecliug all eui officers
OF the small local grades above specified Where is the
evidence that they have exercised this power where
the constitutional provision for changing the mode Of
electng MILITARY officers above the rank OF captain 1t
may possibly have been done by simple act of the
Legislatures but III II have been, the legislature BY
barhdjoriiy may repeal the law, and the APP
poinments or elections again themselves. We now
speaking OF the poper OF the legislature, not OF its discre
ton and ii obvious that Gen. Houston did define
that power too broadly, and that the Truth is greater
than he supposed. II subject effective restriction
abused ambition,
may dictate Now, prepared 10 answer the grave
question whether not the government OF South Caro-
lima ogarchy II is adroity contrived that,
der the plausible guse OF universal suffrage, oeaih in
fact controls 1ttrng numbers counerbalan
by properly and assurance made douby sure" by
eiud,ng poor from high Offices altogether II re
qures vote Of two-ihirds of the members of the legs.
laure 10 call convention and while the money, in the
shape OF taxes. elects half Of the members this bar
reT will never be broken down. The dukes and lords
OF Great Britain more safely enrenched behind
their privileges and heralds Office than the merchant
princes and cotton barons OF South Carolina behind
the seven-fold shield of their constitution under stand
olgarchy 10 be form of government where all free
citizens do not possess equal rights and powers. No
matter whether il be property or birth that the
distinction, IS alike an ogarchy, and not free and
equal republican government II such be not the fact in
South Carolina, then confess do not think the world
ever saw, will see, such government established
among men. | do not hesitate 10 declare that, how.
ever well satisfied the people Of that Slate may
joymenis. do not consider their government worthy
OF this enlightened age II belongs TO the OF
publican infancy; and believe IT will not find many
admirers beyond It's own borders desire 10 do II full
justice, and shall reget have Internationally imputed
10 1t any unmered defects It's friends are exceedingly
were really conscious that the cepsure has received
was just Had 1t been for the oHeious nlermeddlDg
oil Mr. Rhett, should not have taken the trouble to
write thus communication. But as he far aside to
cast some maevolent aspersons Texas, | thought |
would investigate the claims he so patonzngy set up
tof South Carolina, and must avow that ! was not a
little surprised To lind the merits and he preensions bear
such unequal proportions to each other | am Texan,
and put forth especial assumptions for that State
will institute any "odious comparisons !" but should
rank her people and her constitution with those OF South
Carolina without fearing the Judgment OF the world,