The Abbeville Press And Banner

THE TRIAL JUSTICES ACT.
Two protests have been presented in the House against the Trial Justices Act, a synopsis of which we gave in our last issue. The protests are signed by the leading Democrats of that body, and set forth the very grave objections founded upon the unconstitutionality of the measure. It is shown to be in violation of Section 21st of Article IV, which provides that, "A competent number of justices of the peace and constables shall be chosen, in each county, by the qualified electors thereof, in such manner as the General Assembly may direct;" and also in direct violation of Article 8 of the Constitution, which makes the only provision for the removal of an officer. According to the Constitution, there are only two ways in which an officer can be removed from office—one is by impeachment, and the other by the Governor, on the address of two-thirds of each house of the General Assembly, stating at length the cause for which the removal is required: and in all cases the officer charged shall be admitted to a hearing in his own defence.
The power of appointment and removal conferred by this Act, is thus shown to be plainly in derogation of these clear provisions of the constitution. It confers upon the Executive that power which the Constitution provides shall be lodged in the people. Yet in spite of these objections the Act was passed, and the Executive, to use the language of Mr. Bryant's protest, now "commands the militia, controls the entire finances of the State, appointing every officer, from State Auditor down to local assessor; sets up and deposes, according to his own caprice, a very large number of judicial officers of the State; and even selects the jurymen by whom the malfeasances of his agents are to be tried."
There might be some excuse for Republicans in Congress following the new lights of the higher law, and setting aside an instrument which they regard as a relic of "old fogyism," but what consistency is there in South Carolina Republicans knocking down the idol which "their own hands have made?" If there be a Constitution in South Carolina, it is a Republican Constitution, and embodies all the favorite dogmas of their creed. If it be worth anything at all, it is worth keeping. The Legislature derives from it all of its legitimate powers. Any power which it exercises beyond is revolutionary.