The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-03-30

fed persons, while this act proposes 10 give nese
Offices to persons not duly elected. The Mayor and Al
derr,en have the right to hold Office until their sue
cessors are elected their offices property of which
they cannot be divested but by judgment of their
peers or the law of the land In these ways the act
infringed the rights Of the citizens and the Acting
Mayor and Aldermen.
| Mr. Miles claimed that the act was unconstitu-
tional because it was not universal and general in
its application; also because no person can be de-
prived of any right. privileg, or immunity except
by the judgment of his peers and the law of the
land; also, because It was an invasion by the Legis-
lature of the judicial power, the act being judg-
rent, penalty. an absolutely judicial act aud de-
| cree Authorities showed that the Legislature did
exercise judicial power n when. by special act, it
set aside general laws for the benefit Of individ-
uals (2 when it legisates for special purpose; t3
when it seeks to determine private controversies;
and in these particulars the Legislature in passing
the Validating act, had gone beyond their powers.
Nor could the Legislature deprive the Mayor and
Aldermen of the right which they had when the
Validating bill was passed-that of holding Office
until their successors were duly elected and qualified
In regard to the ICES quoted on the other side.
wherein the Legislature had made goo irregularities
and deficiencies in elections and other matters,
Mr.. Miles said that these cnses had never been dis
puted. they were acquiesced in By ALL while in thil
case three thousand persons protested against the
right of the Legislature 10 determine vino were
elected. There was no act on the statute book to
confirm tho rights to Office of persons whose claims
were CONTESTED. No act had ever been passed to
meet such case as this. Continuing this line of ar
gument Mr.. Miles aualyzed the State prccedents
relating to the division Of Charleston into four
wards, and to the Timmoasyil'e, Mount Pleasant
and Moultrieville elections showing that in all these
the acts were passed to cover defe:ts arising
from the necessities of the case. the power which
granted the privileges being invoked to remedy the
defects. Only the things in which every one con-
CURED were confirmed. There was no infringe
nen; or TI6Ito, aid dospOiifns of privileges.
Whatever rights the claimants had on the 10th Nc
vember last, they had now and no Legislature could
take them away. But on the other hand. if the eec
ton was an illegal one, the acting Mayor and Alder
man could not be deprived OF their right to hold
office until their successors were legally elected
The act Ia also unconstitutional, because 'every
act or resolution having the force of law shall relate
to but one subject and that shall be expressed in
tho title" Now the act Il 1t does anything does
peal the city charter and does repeal certain acts
and military orders far they refer to the Acting
Mayor and Aldermen. Neither Is expressed IN the
title. and the act is void.
Mr. Miles also said that on the day that this case
was argued for the first time March 1s) The Legisa-
ture passed an act which provided that execution
or final process in n,andan'u,. quo loarranto or ha
beGs corpus should be stayed oy reason of writ of
error or appeal. That act could not apply, however.
to writ Of quo oarranto already granted, and being
contained in act to regulate attachments. was OBJ
noxious also to the section Of the constitution just
quoted.
Mr.. Miles then took up the Fourteenth Constitu.
tionaI amendment that while prior to its adoption
the United States Supreme Court had no power to
revise the actions of the States, except where there
post tacto law or impairng Of contracts,
that court had the power to revise any State law
affecting the liberty. privileges and immunities of
the citizen. THIS amendment had for its object the
protection of the colored people, aud now 1t had be-
come the protection of thoss against whom it was
intended to protect-the weaker class. This Four
teenth amendment did away with all preoedents
prior to lis adoption. The Supreme Court can Co
what it could not do before. Tho Validating act de.
prives certain persons of the lprotecon of the
law, and the Fourteenth amendment will secure to
them that equal protection. Thus what seemed to
bo sharp sword will pr.ve s. oless shield. This
is what is expected II nm the Judiciary the e s of
the constitution.
Tho Hon. ". D. Porter then openel the closing
argument on the same side. Introducing his reason
ing by IN alusion to the Importance Of the and
the magnitude of the interests involved in it, and by
o reference TO the celebrated Of Rex the City
of London. he said that the City of Charleston was
nov trial. rot it Is true for orfeiu of charter,
but 70 invade her ancient charter and the timo.hon
o.ed privileges of her citizens This was not pro.
posed to be done by political process, but by q
lessl: tive enactment Tho question was one o be
triel in tho courts, AID the Acting Mayor and Alder
men had always been anxious that tho facts should
20 before jury. This had been thSarted BY the
demurrer of the claimants. who admitted the fac IS
and rested their whole claim upon the validity OF tue
act o; the Legislature called The validating act. he
whole caso was pending because the quo oarraato
case in the Supreme Court led not been properly
discontinued. This was plain and evident, and so
upon The srict technical ground the act was void as
an interference with actually In court And
upon the broade: ground. the Legislature
had no power 10 interfere, because the cor
po,atoys who contested the election arc
In oour and have never been out of court. They
have filed their petition setting forth the eS,ty o.
tile election, aud that petition has never been dis
missed The petitioners still knock at the doors
and ask that the case be tried. All that the Supreme
Court decided Was that the Acting Board of Alder,
men Gust dec are who had received The largcs
number of votes, and the whole question as to the
W idty Of the election and the iegaty Of the votes
cast was still before the courts Suppose that twero
.estion as to the validity Of little to piece
land, AID that whils the cause was being tried the
Legislature passed IN act declaring that the II le to
! the laad should be valid and binding. would the
court go with tho cause or be found by that DC
! Tho court would so on. And the sam principle ap
plic, to office and privilege. for where the parties
have the right to trial their only be dcci
ded by the courts. The Charleston election vail
or invalid If invalid, the Mayor and Aldermen
hold Office until there is valid eetlon. II valid
who were elected This is question of votes ami
flcts, and can only be determined by Jury. l.
either oase 1t must be determined By the courts
Mr.. Porter showed that the act was di.criminat
ng unusual at variance with the facts, and founded