The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-03-31

That it is contrary to the Fourteenth
Amendment. I he Validating bill did not infringe any
privileges or immunities. because those derived
from a corporation were not privileges or immuni-
ties, In the sense of the constitution and have been
so decided over end again. It was not design
ed to tie up the hands of the Legislature, and he
Mr.. Corhin. thought that the bare statement of the
facts was sufficient to prove that it had no such in
tention purpose.
Mr. Corbin then said that immemorial usage had
justified such usage of power that of the vada-
ting act The charter OF the city in tho hands
OF the Legislature. and had been frequently amend
ed The State had many years ago confi med an
tion Of Council which the courts had declared void
and although one did object, the law would have
been void if 1t had been unconstitutional. The
mere want Of objection had nothing to do with that
case, or with the Timmonsville and Moutr1eville
election cases. If there any difference In the
cases, it was in favor of the Validating act
In regard to the objection made that there was a
case pending he said that there was statute grant
ing judgment where had boon d,scon .luued
to the public detrment and under that the counsel
could. doubtless get their casts. Now the clerk Of
the Supreme Court certihes that the original quo
scdrranto was discontinued in open court This
presumes that it was done with the Of court
and could not be contested could the record be
contradicted. The certificate that the discontinue
ance is of record puts an end to the question
Mr. Corbip said that the case was almost without
parallel No one usually refuses to obey the decree
Of the Supreme Court, declaring certain persons
elected. Ihe usual form was to admit them and try
them and their title by quo ao0rranto. and the
duct Of the Boari Of Aldermen in refusing to
render was precedent dangerous to the peace and
security of the community. Suppose that at the
election for Governor in 1870, the court to promul-
gate tho election. listing of the present officers
should dec re the election void Would not this
lead to bloodshe6, anarchy and confus'on The Gov
ernor eect should be the ality his
election tried afterwards. This q case in which
he felt that he mighty the court to make speedy
decision. The public ntere.ts at stake, the party
feeling and the passions Of the hour all require for
this case speedy solution All rests with the court
We, said Mr.. Corbn are here to claim our rights
We do not appeal to passion feeling, but look at
the case legal question be decided between
the parties. This we submit to the court We do
not want the case TO hang along, but be determn
ed forthwith. And know that when the decision
is once rea he'd In the pure and calm atmosphere
the courts, itwould commel itself to the calm judg
ment of the community. and all would acqulesce in
it. But until The right is determined, there be
no confidence and no protection; no confidence in
the officers of The city, who would but slight
old upon the people. and protection or v ndca-
ton OF ,he right. We low ask your decision in the
anne Of the dearest rights that the people have s.
Mr.. Porter arose and asked Leave to say that he
and his associates had been taken completely by
prise by the assump ion the part of AR. Corbin
that the Supreme Cour,, In the masdansus case had
adjudged the validity OF the election. Upon this
the whole case turned and he conended that the
court had carefully excluded the question Of fact
from their decision, he would beg to read the deci-
| sion to show that there some foundation for
| what he said.
Mr.. Porter read the decision referred to- and the
case closed the decision of tho curt being re.
| served.