The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1874-03-10
COLUMBIA, S. C.
Tuesday Morning. March 10, 1874.
Tho Legislative Record.

I'VE mOutnb-RnO YET, OlattQ6LIul OF lib
work, and uncertain about the conse-
quences that may ensue. it has provided
that it shall re-assemble, whenever a
majority OF the members shall signify
their wish to that effect in writing. The
ostensible ground for this proviso ip.
that there is imminent danger Of the
Supreme Court overturning and nullify-
ing, at the instance and suit OF bond
holders. the so-called settlement Of the
public debt, by which it was scaled to
fifty cents on the dollar. Whether the
holders OF the bonds have indicated
any such purpose. we have not heard;
but tho fear was expressed. and was the
basis and motive of this arrangement to
reconvene the Legislature. that they
would apply to the Supreme Court for
n,andanaus on the Comptroller to levy q
tax to pay interest on the bonds, con.
version as we'll as others. The previous
decisions Of the Court were hold as
pretty sure indications that it would
issue the decree ordering the levy to be
made. Iu anticipation of this result,
the General Assembly has resolved not
to adjourn. but to hold itsolf ready to
meeti thed plots. Of the hold
ers and tho .Courb,' with its coun-
ter p!otse. THUS We have, the pros
pest Of a disagreement, IL not COLI
sion, between two ot the cottordinate de-
pattuents of. the State Government,
and the ,avowal made out the part Of one
that its duty may be to counterfeit the
deeisiqn, Of, the other. Tho fear of a
mbvsmeht OF bond holders may be Justly
entertained, for aught that we know;
but we have graso' doubts whether the
public. interests will be promoted by
one department setting itself in this way
to watch another. The settlement of
the public debt, so called, is thing, 80
far, purely experimental. It is pro.
position, to be accepted or rejected, as
the parties interested may choose. It is
not law yet. The Legislature has the
power to propose reduction OF the
volume Of the public debt, bat it is
eqnslly within the power OF the credit
ors to agree or to refuse to agree to its
proposition. There is no way OF forcing
them TO take either course, and we
think it indispensable to a fair and
equitable conclusion on their part. that
they deliberately weigh the matter pro
and con-, unawed and uninauenced
either by courts or Legislatures. The
.-s:-.c.:-c .-s:-,c. c-c c-c c.ccc. he sc-nAa
down tne iiiiirosss os She creai.ose. il
they doinot relish it. It ia vain. there.
fore. to declare perpetual session OF
the General Assembly, for any snch
impossible or unadvisable purpose.
And it violates all just ideas of the func.
tions and prerogatives Of court, for q
Legislature to hold over it the rod of
threatening or correction. The Central
Radical Committee was swift to deny
the allegations OF the Tax. .Payers' Con.
vention in the memorial to Congress.
But here is proof positive of purpose
on the part OF the legislative power to
control or to counteract the freedom OF
the judiciary. Here is unexpected and
speedy evidence that the continuance
in office Of the Judges "depends upon
the caprices Of the Legislators. and that
the duties of their high Office are dis.
charged under Influences and RESPONSE
bilities necessarily adverse to the inde-
pendent administration of JUSTICE
The appropriations foot up about
S1.700.000. This is an enormous sum
to take out of the pockets of that por.
tion OF the people who pay the govern.
nent dues. ;n shs present oondi:;on 6:
the country. fallacious argument is
used sometimes, that expenditures must
be proporiionsa to population; that
population having increased in this
State, by reason of emancipation. Z a
proportional larger tax is justiflable.
Thero might be somo show of Justice
and reason in this. if the newly made
citizens themselves footed the tax bill:
hi hnx d.,