The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-02-08

day last, on the motion to postpone the
confederation of the Charleston Election
bill to Tuesday next, developed the feet
thata strenuous attempt is being made to
pass the bill as strictly party measure,
without regard TO It's constitutionality, JUS
tice or propriety. ~, II ..,. .,.',..@ IL.
Mr.. Corbin wanted to know "whether
s'the law is to be enforced, the question
which the State is NOW asking Of the Leg
islstnre; and he also wanted to know
whether tsmoney influence and big names
''are to rule, contrary to principle, law
''and Justice while the State asks Of
the Legislature whether ..tparty is to rule,
CONTRARY to law, justioe and the State Con-
'stitution ?" Mr.. Corbin declared that he
could show that tho bill was sswise, Just
"legal and right" This he may be able to
do in the Senate chamber; but this he can
not do in any court, or before any tribunal
in the State, where argument may be met
by argument, precedent by proceed ent, and
simple assertion by the irrefutable logiosef
facts. 'ca i'tt
But the speakers who proceeded Mr. Cor
bin did not oonfne themselves to declaring
that the law was meet and just, and, there
fore, should be passed. Mr.. Allen told the
Senate that they might postpone the bill if
they were willing to be trampled upon by
the Acting Board of Aldermen, and called
upon them, if they intended to assert their
rights as Legislators, to act upon the bill at
once AS far as we know, the Acting B Board
Of Aldermen is composed OF inoffensiye
men who desire to trample upon no one,
and least of all to wound the sensitive feel.
ings of q worthy brother Republican. They
did LID but perform the duty which the law Of
1868 devolved upon them. They decided that
there had been no legal Municipal election
in this city They did not declare, contra
ry to law and evidence, that 'Pillsbury and
his Board were duly elected. This is the
head and front Of their offending. And
what the rights Of the Senate, Legislative
body, have to do with q judicial question-a
question which has been before the courts
and which is cenfessedly kept out of the
courts at this moment by the friends of Mr..
Ppilllsbury, because learned Judge cannot
hear and determine grave. question as
quickly as senators may vote when they hear
the crack Of the party whip, Mr.. Allen,
did net venture to explain. But whatever
may be the thoughts of certain senators.
thepeople know that. in the words Of Mon
tesquiet, "there can be no liberty if, the
''power of judging be not separated from
.'the legislative and executive powers..h
They know that "were the power Of judg-
cling joined with the Legislative, the life
''and liberty of :he subject would be ex-
''posed to arbitrary control; for the judge
''would then be the legislator" And the
Senate will remember that their actions
cannot be hidden from the broad light of
day They and their pretended laws will
be arraigned at the bar Of public opinion,
and this question Of the rights Of the Sem
ate, as opposed to the rights rof the people.
be tried by the test Of the Constitution Of
the State, by the law Of the land, by an au-
thority superior to- any which even Mr..
Allen and his colleagues possess Nor will
this be done out Of op position to Mr.. Pills
bury alone. The issue new is not between
Mr.. Clark or Mr.. Pillsbury; it is whether
the Legislature Of the State is to accumu-
late all powers-legslative, executive and
judicial-in the same hands-an accumula-
ton which may justly be pronounced "the
every definition Of tyranny
Mr.. Allen. in the course OF his speech,
also asked whether the lawyers and press
Of Charleston and the Democrats of that
city did mot "declare in advance that they
t'would not abide BY, the election il Mr..
"Pillsbury was successful?'' Our reply is
that such d declaration was not made by,
either the lawyers, the Democrats or the
press Of Charleston, but that o declaration
was made, as IT sis made now, that they
would and will abide by tho results Of
legal election and the daci isions of the courts
Of the State, whatever those results may
be. Beyond this they will not 90.
Beverly Mash, the colored senator from
Richland, followed Mr.. Allen, and said EN-.
phatically that he was not willing to leave
"the rights Of the citizens of the State Il. T.
sPilisbury) to the courts. judges, or any
particular individual and that the mat
ter should tbs settled without any regard
( f"to 70 the Supreme Court, District Court, or
.'any other court" Also. that il P.llahnry
and his Aldermen were elected, 90 was
shown by the highest number Of votes, he
wanted them s'put into office, il it req aired
"the Governor to call out the whole force
"of the State for that purpose and aise
land this is the keynote 81 the whole de-
bate--.sthis matter 10 the life Of the party,
"the Republican party in Charleston. ri
depends upon It," He was in favor Of the
bill, not only because he believed Il 20 be
right, but also ''as party measure"
The threat ef calling out the whole force
o the State to install Mr.. Pillsbury win
have mo- effect here, bnt IL proves plainly
An