The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-02-03
THE BILL TO T4LID4TE THE NUM-
CIP.fL ELECTION.
To TIE EDITOR OF TIE NEWS.

| terms which it deserves, this nefarlous meas
ure 1t betrays. on the part OF its orginators
and advocates, either extreme ignorance OF
the most reckless conteuspt of law, justice anc
the rights of an outraged community. 1t is
TO be feared that the utmost stretch of charity
will not permit us to accept the first member
of this alternative. II Mr.. Corbin's bill shall
be consummated by the action Of the Leglsla-
ture, it converts the government OF the State
into an absolute despotism. 1t has ever been
held essential TO q constitutional govern
ment-call 1t Democratic, Republican, Goa
federate, Consolidated, or what you
please-that the powers OF the govern,
ment should be divided and distributed
into three departments. 1. The Legislative.
Q. The Judicial. 8. The Executive. The Leg
| islative enacts laws. The Judicial .intorprets
and applies them. The Executive enforces
them. It is not less essential that each OF
these three departments should be indepen-
dent OF the others, and that they should be
severally restrained By constitutional barriers
from transcendiug the spheres respectively as
signed them. "No political TRUTH" says MIR.
Madison, in the fcfty-soventli number OF the
Federal1st Ca work of so authority IN the
better days of the republlc), sis certainly OF
greater intrinsic value or Is stamped with
the authority of more enlightened patrons
of loerty than this-t accumulation OF all
powers, Legislative. executive and judiciary, IN
tho same hands, whether OF one, lew, or
many, and whether hereditary, self-ap?ointed
or elective, may justly be pronounced the very
definition of tyranny"
thus. also, Mr.. jefferson, another of the
great founders OF the republic. in his Notes
on Virginia" p. 1875, says: 1.-The concentrating
all the powers of government, legislative, eX-
ecutive and Judiciary, in the same hands, Is
precisely the definition OF despotlc govern
lo oil ltnt fhaQn
powers will be exercised by plurality oil hands,
and not by single one-one hundred and
seventy-three despots would surely be as or'
pressive as one.
The celebrated Montesquieu, who, If he be
not the author, was one OF the most llustrlous
expounders Of this invaluable precept IN rhe
sci,nce of politics, treating on the subject, de-
clares that there can be no liberty where the
Legislative and executive powers are united IN
the same person. or body Of magistrates, or 1t
the power of Judging be not separated from
the legislative and executive powers" Ii we
advert to the constitutions CT the several
States of the Union, we find this political
axiom recognized in all, without exception.
Our time and space forbid numerous citations;
but taking up the Constitution OF Massachu-
sets. which, as 3 perfect model, it IS now
soueh hit to adjust that of South Carolina, 1T
will be seen that this fundamental article OF
liberty is asserted in the most emphatic terms.
II provides "that the Legislative department.
shall never exercise the executive and Judiclai
powers, or either Of them; the executive shall
never exercise the Legislative and judicial pow
ers, or either Of them; the Judicial shall never
exercise the legislative and executive powers,
or either of them" But it will be moro peril
nent to refcr to the Constitution OF Sonth CaIo-
lina-that adopted by the Charleston Conven-
ton in 1868-since this Is that Organic law
which the honorable senators and represen-
tatiyes now assembled at the State capitol are
solemnly sworn to observe: Section 1, article
9 Of this constitution is expressed In the fol-
lowing terms: 1.-THE legislative authority OF
this State shall be vested in two distinct
branches, the one to be styled the Senate and
the other the House of Representatives, and
both together the General Assembly OF the
State Of South Carolina"
Section /, article 8, ordains. that "rae su-
r-eme executive authority OF this State
shall be vested in Chief Magistrate, wi
shall be STYLED the Governor OF the State OF
South Carolina" :" and section l, article 4,
of the same constitution, in like mannec Or
dains, that "The judicial power OF this State
shall be vested in Supreme Court, IN tive
Circuit Courts, to wit: n Court OF Common
Pleas having civil jurisdiction, and Court OF
General Sessions with criminal Jurisdiction
ONLY: in Probate Courts, and n Justices OF the
Peace. Tho General Assembly may also es-
tab!ish such municipal and other inferior
cour Is as may be deemed necessary" It's obvl-
Gus that tho delegation Of power to these seve-
raj departments, is the grant OF exclusive au-
thority to act on the subject litter COM
mitted to each department.. The legal maxim,
s'ErpreSsio unius esL ercuSiO dueTluS' Is
strictly applicable, and, therefore, when the
constitution vests in the Supreme Court, and
the Circuit Courts, &C., the Judicial power OF
the ate, that is, the authority OF interpreting
and appNing the laws made Dy the Senate and
nj n
necessary implication prohibits the LeGlsia-
tive department. FROM the exercise OF that au-
thorlty. 1t is the case OF an alternative preg-
nant; !. e., The Attenuation OF one thiug I'M
plying the negation OF another. This IS equal
ly true as to the other departments, excepting,
Of course, where the constitution sly
authorizes (as in the case OF tho qualified
veto OF the Governor) any ono deplrt-
ment to participate with another i'll the
exercise Of It's appropriate powers.
Now tue question IS, whether the bill pcnc-
ing before the Legislature, to validate the late
municipal election in Charleston is not in open
violation OF the present Constitution OF this
State as well as the established principles OF
constitutional government.
ceded by all, depends on its legality, ,whetherIt it
was held and conducted according to law. 1t
is, obviously, purely legal question. we
have seen that under the Constitution OF the
State, as well as by the theory OF all constltu-
tionai governments, the authority OF interpret
ing and applying thelaws Is vested exclusively
in the Judiciary department., /. e. in the Su-
premc Court, Circuit Courts, &c. These
courts, therefore, are the only legitimate trl-
bunals to determine as 10 the validity OF this
election, and to attempt to transfer the
power of adjudication from these courts
to tho Legislature, indicates not Only
the consc .ous dis,rust of Mr.. Corbin and
his partieans. as to the merits of his
case, but violates the very constitution
which he has sworn to obey. Feeling IS
sured, as this advocate Of MIR. Plllsbury. that
he must be batlcd bcf,ro court OF justice,
where it may be presumed law and reason will
prevail over prejudice aud passion, he now as
tho senator OF Charleston County, seeks TO
override the authority OF the courts ala the
Constitution OF the Stale, by transferring his
case 10 an asscmblage wholly unframed to i'll
vestigate questions OF lsw, and peculiarly LIT
to be manipulated to tho schemes Of patty. A
moro fagrsnt abuse OF authority co1ld NOT be
devised. The nr,ncip!e lnvo.ve4 Ill the q rbn
bill is precisely that which has Deea assumed
in all ages by ;yrannica! governments IN the
enactment OF Ills OF attalnuer and e1poSf Jdefo
iaws, and whirh it was tho intention OF the
Constitution of tho Uuited States lsee section
10, clause y and OF this otate (see Declaration
OF Rights. section 2I) to e1termluatc
forever This principle being accepted,
there would bs no reason why the
Senate and House of Representatives may
not ex rcise the power invaldatlnS as well as
validating any municipal electlon-uo reason
why ary case mayanot be Withdrawn from the
courts where 1t shdll b. pending and transfer
r,d IN tho Tppisloture for 1dir1.licatlOn Nav