The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1868-08-19

That have formed the subject q .e1s
citing forensic discussion, and which
can ouly command acquiescence when
fairly brought to the test of estab.
lished principles of constitutional
and statutory constructor
In view of the pectiliarss ma t,,re z z
the questi on at issue, lit is dneSthat
the position assumed by the respond.
ent'sg cpunsel should be snccinctly
stated. The foundation Of the title
of theN respondent isl claimed to be
the Constitution of this State. adopt!
ed june 3, 1870, and the amend.
ments thereof, and the statutes
passed in pursuance of such authori-
ty. lt is contended that he is enti.
tied to- the enjoyment of the full
term of'fonr years, from his appoint
ment and commission; on the
grounds first, that, by the tenure of
his office, he has an indefeasible
right or property in the same for the
full term originally created, as
against any public authority whatso-
ever; and, second, that no rightful
authority existed or could exist
under any Act OF Congress, compe-
tent to terminate the term of Office
created by and under the Constitu-
ton and laws of South Carolina.
1t is argued, that South Carolina
IS, and has been, from time earlier
than the Constitution of the United
States, a sovereign; that, by q dele
CATION of express powers, incapable,
by its terms, of being enlarged by
Implication, she parted with to the
United States no rights in deroga-
tion of her sovereignty; that her
ancient Constitution and laws ever
have been and are the only tests of
validity and legality in relation to all
matters of internal government, and
afford the only electoral basis upon
which rightful authority can stand
within the State; that, as State, she
is and always has been unaffected in
her legal rights and immunities. both
as sovereign and under the Constitu-
tion of the United States, by the
recent rebellion and its legal and
political results and consequences: !:
that the rebellion was a matter be-
tween the citizens of the State and
the Federal authority, that did not
concern or affect her rights as State;
that the only consequence that could
rightfully follow the successful arms
of the United States, was the arrest
and punishment of the individuals
engaged in rebellion, under the Con-
stltution of the United States, as
individual offenders.
That, the constitutional relations
OF the State to the United States
remaining unchanged, notwithstand-
ing the war, 1t was not competent for
Congress to prescribe the calling of q
Convention to frame for us n Consti-
tuition and form of government, nor
TO prescribe and define an electoral
basis unknown to her Constitution,
In furtherance of such plrpose.
1t was also contended, that the
Constitution of 1866 and the terms of
adjustment imposed by the President
OF the United States, were accepted
under q duress of circumstances,
leaving the State without freedom to
accept or reject them.
hS ChC hlSI 5VOuuu pre-
sented by the argument, namely, that
the tenure of the office of Coroner
was unalterably placed beyond the
power of the State to destroy OF
diminish it, it is clearly misconcep-
ton of the nature of an office, as
existing under our system of govern
ment. The Office in question was
not an estate held by grant or patent,
but power held by commission of
and from the people. for whose sake it
was enjoyed, upon certain prescribed
terms and conditions, and by whom
the authority delegated could be
withdrawn, whenever the public well
fare-the suprema len-demanded its
withdrawal.
Theremaining ground of argument
must be examined by the light of the
powers conferred upon Congress,
and inhibited to the States by the
Constitution of the United States,
and gives rise to two questions-frst,
whether the State, as such, became,
by the existence of the war of rebel
lion, subjected to the war powers
lodged in the Government of the
United States; and, second, whether,
by the terms and proper effect of that
instrument, those powers were SO
limited as to place beyond their
sphere the rights and immunities
claimed for South Carolina in this