The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-02-03

his discretion In the use OF the funds or the
State.
THE BILL TO VALIDATE THE NUM-
CIP.1L ELECTION
ToTHE EDITOR OF TIE NEWS.
It would be difficult to characterize, in the
terms which it deserves, this nefarious meas
ure. 1t betrays, on the part OF its originators
and advocates, either extreme ignorance or
the most reckless conterapt of law, justice and
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. IT Mr.. Corbin's bill shall
be consummated by the action Of the Legisla-
into on absolute despotism. 1t has ever been
held essential to o constitutional govern
ment-call 1T Democratic, Republican, Con-
fsaerata corn,solidated, or what you
ment should be divided and distributed
into three departments. l. The Legislative.
3. The Judicial. s. The Executive. The Leg
islative enacts laws. The judicial interprets
them. It is not less essential that each of
those three departments should be indepen-
dent OF the Others, and that they should be
several'y restrained by CONSTITUTIONAL d arrers
from transcendlng the spheres respectively as
siened them. mo political truth" says Mr.
Madison, in the forty-seventh number of the
Federahst "a work OF some authority in the
better days of the republlc), sis Ger tainly of
the authority of more enlightened patrons
Of liberty than this-the accumulation Of all
lowers, legislative. executive and judiciary, in
the same hands, whether Of one, o few, OF
many, and whether hereditary, self-appointed
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 ssNotes
VirOlnia ~ 106 STho concentrating
all the powers of government, legislative, ex-
ecutive and judiciary, in the same hands, is
precisely the definition VI despotic govern
ment." 1t will be ne alleviatlon that these
powers will be exercised by plurality Of hands,
and not by single one-one hundred and
seventy-three despots would surely be as oI'-
pressive as one.
The celebrated Montesquieu, who, if he be
not the author, was one Of the most illustrious
expounders Of this invaluable precept in the
science 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 il
the power Of judging be not separated from
the legislative and executive powers" IL we
States Of the Union, we find this political
axiom recognized in oil, without exception.
Our time and space forbid numerous citations;
but taking UP the Constitution Of Massachu-
setts, which, as O. perfect model, it is now
soua ht to adjust that Of South Carolina, it
will be seen that this fundamental article Of
liberty is asserted in the most emphatic terms.
It provides "that the Legislative department.
powers, oreither of them; thssexeeutiye 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 more perti-
nent to refer to the Constitution Of South CaIo.
lina-that adopted by the Charleston Conven-
tion in 1S68-since this Is that organic law
which the honorable senator's and represen-
M 1of f1,o Nfofo O0v, al
solemnly sworn to observe: Section /, article
2 Of this constitution is expressed in the fol-
lowing terms: 'The Legislative authority Of
this State shall be vested in two distinct
the other the House Of Representatives, and
both together the General Assembly OF the
State of South Carolina
Section 1, article 3, ordains. that "The su-
preme executive authority OF this State
shall be vested in o Chief Magistrate, wi 0
shall be styled the Governor of the State of
South Carolina; )" and section /, article 4,
Of the same ,. constitution, in like manner or
shall be vested in Supreme Court, in two
Circuit Courts, to wit: q Court Of Common
Pleas having civil Jurisdiction, and Court Of
only in PROBATE Courts and % IN justices f Of the
Peace. The General Assembly may also es-
tablish such municipal and other inferior
cour ts as may be deemed necessary" 1t :s obvi-
Gus tnaS tme % 70 these seve
thorlty to act on the subject matter COM
mitted to each department. The legal maxim,
. 'EIpresslo' unius est erclusi0 dueraus" is
strictly applicable. and, therefore, when the
the Circuit Courts, &C., the judicial power Of
the 8 ate, that is, the authority of interpreting
and applying the laws made by the Senate and
House Of Represent ntatiyes, il virtually, and by
necessary implication prohibits the Legisla-
tive department. from the exercise of that au-
thorty. 1t IS Shc case o9 sii affirmative preg-
nant;, !: e.. the Affirmation of one. thing i'm
plying the negation e Of another. This is equal
OF course, where the constitution expressly
authorizes (as In the case Of the qualified
veto OF the Governor). any one depart
nent. to participate with another in the
exercise OF Its appropriate powers.
Now the question IL, whether the bill pend
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 governments.
The validity Of that election, 1t must be con-
ceded by ell, depends on it's legality, whether II
was held and conducted according to law. 1t
have seen that under the Constitution Of the
State, as well as BY the theory OF all oonstitu-
tional governments, the authority Of interpret
ing IN 5aasry asaafmen s s
preme Court. Circuit Courts, &c. These
courts, therefore, are the only legitimate tri-
bnnals to determine aa to the validity Of this
power Of I aSjuSioaticn Rom shese s''eo eourts sas
the conscious distrust Of Mr.. Corbin and
his partisans, as to the merits Of his
sas; case, D., but m violates the very constitution
sured, as ths advocate Of Mr. Pillsbury, that
he must be baffied before q court of justice,
where it may be- presumed law and reason will
prevail over prejudice and passion, he now, as
fSu ntry k<