The independent press. (Abbeville C.H., S.C.) 1853-1860, 1856-01-04

of the State for electors, and be at no extra
expense, as the case now is. say that
plan might have been pursued for all time
to come, if there had been no change made
by Congress; and tho people might have
submitted. But change has been made in
the time of holding the election, and if VIC
claim to be a part of the United States,
and desire to claim tho benefits and protec:
ton of the laws of Congress, passed, in
accordance with the letter and spirit OF the
| Constitution, we:must conform to the SUI
preme law of the land, which law dcinands
atthe hands of this Legislature a change
from the present mode ofappointing electors.
The question again comes UP, how sliall.
we make this -change7 Shall we give the
election; Of Electors 10 the people, or retain.
itin the, bantls%of this Legislature p By
what authority can this. Legislature be con-
yened 1,'on the. day fixed BY coneressg 81
differ from some Of my honorable friends,
when they say that tho Governor has the
right to convene sthe Legislature 50 son that
day; and in support o, their position, point
mo to the 4 Constitution OF This State, ,T1he
Governor can convene this Legislature for
that euent, which can be foreknoUn and
foreseen by this body. sc What saysth Con.
stitution; whicligI hold inSmv hand The
13th clause. Of the Cd article, says "TIei
Governor may OH extraordinary occasions
convene the General Assembly, &c." Now
what is the true xintent and meaning Of
those. "estraordinary occasions, = which is
to: call for the exercise Sof such powersoi,
the part of the Executive? File answer
must be, it is sucfra occa.ion,,e or Such nm
event, which could not have been forcsecn
and provided for by the J Legislature; such
as direfIl calamities to the. people .:of the
StateSby pestilenre: famino OF fire by sud
densrcvolutionF on n-!1le partsiof, tho people
against law and. order, or by a servile in
surrection,.s or such IA financial crisis that
threatens to bring min upon The. people.
There arc escnts, or occasions. With The
wisdom of men; cannot. forcsee. They arc
events known only to Him who. holds the
destiny of nations in his hands These are
the extraordinary occasions" contemplated
by the letter and spiritEof the Constitutions
and |, as Il lawyer, here undertake to saw.
that The Governor has no more right, under
| this clause Of the Constitution to convene an
extra session Of the Legislature, to perform
that duty which was forescen, and ought to
have been performed, than any individual
Senator on this floor. I ask, is the day
appointed by Congress- for the election Of
Electors, not fixed fact? Does not tile
Governor know it? Docs not the I.egis.
laturc know it? Do not the people of this
State know l.? If it is known,to all, has
the Governor the right to say this is nm
extraordinary event, or "occnsion?" Surely
not. He has no such power Inherent er ~
tern'sni or under the Constitution.
But my honorable friend from St. James
santee, (Mr. Mazyck,) says this Legislature
can meet of its own will and cast The vote
of the State. Did I misunderstood hin, ?
MIR. Mazyck. said they could by law
fix on another time. That is unnecessary
however
Mr.. Marshall. I maintain that this Leg
lslaturo cannot meet on the day fixed, ,by
Congress, and cast the vote of the State.
unless you aller the Constitution. The Con-
stitution of this State expressly saws. that
this General Assembly shall convene on tho
4th Monday of November, annually, and
on no other day. How then can the Leg
jslature meet on the,day fixed by Congress
! think have conclusjvely shown that the
Governor has no authority under the Con
stitution; then there is no alternative left
but for this Legislature to give the election
to the people, or alter the Costitution, and
Fix another day for the meeting of the Leg.
islature.
+ Having thus shown the constitutional
difficulties of the Governor. having the power
to convene the Legislature every four years,
and of the Legislature meeting Of it's own
will and oasting the vote of the State, as
insprliouRtable, Iuow proceed to discuss
the plan proposed lin the amendment !
! have had sthe honor iof submitting. The
first section Of the plan provides that the
hpeople shall, after due notice, cast their votes
/ for as many electors Is. the Stste Shall be
entitled to; at THE, time Of such election,
and the results of said election shall Be
transmitted from, Tire different districts and
parishes 70 the Governor, whoLis authorized
to oalt tsstos liis assistance flie, Secretary oi
I State and Comptroller General for the pur:
4 pose of ascertuinings the general result. To
the vote of the free Witt. population, they
are 10 add three votes for overy I've slaves g
10 each district and parish and declare The
4 result. The angraftiDg sofs tie slave pop 8.
tlatiottS M this way upon this election is i
comp roIfise tie low ana pscodntfY, I
retains ,a fslAsiss sst rsnrfiisof sll sections
iass stliey Der stahds Cur pseasntatio q
tGongress is stained apof ,tliis pridcipge
tapd0pf regfsss satstjo ID fiis Sts,e .rsst, eat
!EhpeT HopttaGnt and fiIx ton Aeif hal
3segfiDn ieiHs 6f Elnbsss m fi5;s sp j*MS x4d