Abbeville press. [volume] (Abbeville, S.C.) 1860-1869, 1869-01-29
The Charleston Election Case in the
Legislature.

It svas the observation of sage
that, ".an act of parliament though it
cannot alter the course of nature, and
make woman a man, may, ncveTthe-
loss, do some things which look pretty
odd" Judge Brevard, quotes the re-
mark to illustrate a species of Legisla-
tive legerdemain, on the part Of our
own General Assembly, who, after
providing by A. A. 1871, that mort
gage shall be regarded only a pledge,
and that the legal estate shall still re-
main in the mortgagor, few years
after by 4. A. 1897, directed, that a
release of the equity Of redemption
should operate as legal Conveyance.
A mortgage is either a conveyance, or
it is not. If not, it is difficult to inl-
.agine how release Of the equity of
redemption" could impart to it a virtue
which it had not, or to give to it an
efficiency which it has not intended
to produce.
But, had the venerable Judge lived
in our day, how would he have been
astonished at some of those feats Of
legislative wisdom, which are even
surprising to us, who have to some
extent become accustomed 10 their ex-
ercise Not many months ago, we
had exhibited to US that anomaly in
legislation-the suspension of the right
of representation by hanging up tho
delinquent Leslie in state Of "bc-
tweenity"-of suspended vitality
until it seemed good to the legislative
body, in 'lucid interval" to restore
him to the exercise Of his functions,
and to vouchsafe to his sovereign con-
stituency, tho cherished rights of
which they had been deprived. a
Legislative body, the nero creature of
the people, presumed to deprive u
portion of that people of the sovereign
right by virtue of which, and repre-.
s,nting which, they, themselves
alone had the authority to exercise
any of the functions Of legislation.
An act of as great absurdity, and o.
even moro fragrant .usurpation il
sought to be accomplished now by
Corbin, who, with equal contempt O.
the sovereign people, and of the rules
of grammar, has introduced into the
Senate, bill to "validate" the recen,
Charleston election, and that, too, il
the face Of the notorious frauds anG
informalities which restrained The
Council from granting certificates O
election to Pillsbury and his friends
To seek parallel to this, we mus
search the records of the present Con
gress, and may find in the proceeding,
of that body, in relation to the Ala
bama Constitution, that which proba
bly, suggested the present bih. I
Congress, to effect certain partisan
purposes may afford to atultify itself
why may not our Legislature justify
similar step, by the allegation Of thl
same laudable motive. The Logisla
ture has, indeed, prescribed certai,
mode Of conducting the election, inn
posed certain duties upon it's mana
gers, and declared how the resul
shall be ascertained but when thes
means have failed to produce the de
sired result, and the Republican can
didate is defeated by the very test
which it has itself imposed, the Legis
laturs proposes 70 undo it's own worl
and decisre him to be elected by th
people, whem It's pwh agencies fpt a,
eertaining The poppiaF" win, and dc
claring The. popular voice, have pre
nounosd a defeated candidate. '";'':
Talk Of iegfsigtive t9lIy after this
It would be Yarcicai, were ii not
subject more for tsars than for laugl
ter. Like tho frogs ii TIE fable, y
may be called upon TO exclaim, q
may be sport TO you, hnt death to ue
A brief review of TIE promines
facts in the oase may not be uninte
lesting. It win 'bs reeollsatsd tn.
when the election Of Pilisbury WI
first o9Btested, the City Council, 1
examining snd ipysstigating the cas-
found, that the mensgsrs Of sieotio
had nsithss thesAbsiyss taksn nsf a
neipistsrsd 70 voters, tho 6ashs 4
Office and 1sei i$rssiousas required b
=, law; apd, Asq slIyts 4ssdis
tho usa36fitips af thQes simed AIR u
. ~pszsoas Alls ~ - bsss sstsd, zSdtSa'
tsest,oys3, ma could not bsssfsodnoa
tfar ~ sz.niassiea @ They l lsand, !! sls'
- 5 &; s. 5s ,1G