Abbeville press. [volume] (Abbeville, S.C.) 1860-1869, 1866-09-21
SPEECH OF MR.. Haskell,


SPEECH OF MIR. Haskell.
Mr.. HAsKEL-The legislative authority
the executive authority and the judicia
power-the branches forming our govern
ment, are vested in The General Assembly
the Governor, and superior and inferio,
courts Of law and equity. The one tc
frame, another to execute, and the third tc
determine the law, and the three intended
to act in concert, to furnish, sustain and
balance their coordinate powers, and one
has not the right, in the spirit of our Con-
stitution, to lntrude the letter of it's poweu
upon tho other, to distort its figure and de-
lay 'ts operation. The bill now brought
before the House introduces this Radical
usnrpstion of power for The suppression ot
equal and CO existent authority. Upon
the Legislature was originally imposed the
duty 10 elect the Governor and to frame
the court. Would it not have been reyo-
luton and the Legislature in the first in
stance deemed it expedient to delay the
performance Of these duties Is it not
equally violation of the Constitution to
suspend the operation of an existing pow
er?
A Stay Law has been passed. Under
the law it was brought before the Judicial
power, contained in body of men who
are placed BY the wisdom of our Constitu-
tion above the taint of political corruption,
who are chozen by reason Of the integrity
OF their character, the power of their intel
lect and their high legal attainment. By
this body it was pronounced unconstitu-
tional and we thought that the subject
was exhausted.
But Mr.. Speaker, a popular clamor has
been raised; spirit of party and of indi-
Vldual interest prevails, and has ought
before this House bill, the immediate ef-
feet of which is to violate the balancing
strength of Republican power; to cause
the Legislature to usurp the authority of
and to chain and fetter its compeer; a bill
whose ultimate results is injury beyond our
power to realize. Sir, the subject has been
exhausted, tue decision of the Court of
Errors lies before us balanced by the soil.
tary voice of one dissent. If that decision
has not produced conviction, it is vain for
one of my crude and unlearned mind to
lay hasty and all-digested arguments be-
fore this House. But something called
popular feeling is driving us forward to a
new form of action equally unconsti.ution-
al in direct legal point of view, and ten
times more disastrous in the political rev.
olution to which it gives birth. Not only
does this bill impair the obligation of con-
tracts; not only does it annul, by suspend.
ing the enforcement of obligation of con.
tracts, the fundamental principle by which
man is bound in social ties with his fellow
creatures and constantly reminded that law
exists and that penalty will be inflicted !;
not only does it thus foster crime and i'm.
pair justice; but in addition to ell this it
grossly violates the Constitution by a sub.
terfuge it assumes control and direction
OF the judicial power, and under cover of
the letter it evades the spirit. I said that
we are told that popular feeling drives us
forward. But I say that the feeling has
been excited by previous unwise< legisla.
ton, has been developed by Ingenious ma,
chination, and has been wrought to. lie
highest pitch by some who came forward
as it's representatives, who gave aid : to It's
creation and then fall back upon ii for sup
port. To meet and refate this sentiment is
all that loan do. To declare The CoBsti.
tuition with the breath drawn from the his.
tory ofits founders, has been done, bat has
failed to Produce calming effect npen Rad
:ical Stay Law legislators They .hsysin.
dnlged iu ea nsss iaraas ]: Of argument ana
thst for iotm'ssaks; NE rue spirit = msn,.- s,
fesssd of hps :blood Issd sorcsl IA 5,h.
wAi cry SAs Sch sassed. & sib bsJfaIssss Id svhe
brought forward shis Quss,ios, ,he: esptle-.
n,sn ftostt NswbsnySs hss aiselaipad hi. Is. Is,
tsptios ~ bsse thIsatsssd us with the
Ebape g lhase sissa wssnihv d I'D, M
slar sp sossr,hro biz h pronents. AN and 1 n ws
asslbappy 10 isasn M thst ~ 3 uistool 81 Ms ;s:.
tsaHoH Tbs s;sSs ilssn ssssssos III. M
loved uaasf sAs sessro mott shsssss.ss.
Hog gsppssa md aszssbsd No. solvgs.
svhsab HsA id n. q ~. g
claiming party spirit to exist. EloqussSs
bss been apsss AZ Isss eat ihhslss, ! asd ~ als-s
.tnsat ppon thsm Sonls sssards sSd 81 bas mo
u tiGagys7 (: = .liss.,f .,s I