Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-12-26

law above mentioned, anticipates different
result.
gJ The Legislature offs. Carolina has adjourned
In the Senate, Mr.. Soubrook reported tho follow
ing resolutions, the subject of Jackson's threat
oning letter, which were concurred in, 81 to 1G.
SENATE OF SOUTH CAROLINA
DECEMBER, 1881.
The Committee federal relations, to whom
was referred that part of the Governors MESA gre
June, 1881, which the President of the United
States thought proper TO address TO portion of
the citizens of this State, beg leave to report,
That the letter advertcd TO, seems to your com
mttee manifest and most unauthorized interfc-
renee Of the Executive of the Union with the do
mestlc parties of separate State; attempting o
give the preponderatlng weight of governmental
authority to one of two political disputants, who
might have been permitted TO settle their own
disputes without this intermeddling of the Presi-
dent in out of his constitutional cog azance
and not connected with any of his delegated pow
crs.
His letter contains plain and positive threat of
military coercion against South Carolina, because
her citizens strenuousy but pcacably contendng
against unconstitutional impost fatal to their
prosperity: not by orcble resistance, but by quiet
and orderly appeals to the laws of the land, the
tribunals of Justice, and if necessary, to such
further means of self-protecton other States
have not only sanctioned in theory but have repeat
eddy adopted i'll practice, and which true
structon of the character of liberties no where
forbids. 1t is admitted that the Federal Executive
is bound to execute the laws of the land but in tho
exercise OF that high prerogative military force
can be used only when s'thc laws of the United
States shall be opposed. the execution thereof
INSTRUCTED in any State, by combinations too pow
erful to be suppressed by the ordinary course of
judicial proceedings" But even in such a contin-
gency, ''the President shall first, by proclamation
command such insurgents TO dispense, and retire
peaceably to their respective abodes within limit
cd time," before the military force be called
he mi he has mo- nfroI Inv Tho
constitution. He has the command only of such
part of that arm of the national defence by
Legislative provision may be called into the actual
service of the Union, and this call is utterly
intellectual until the permission of the Governors
of the Separate States shall have been obtained.
AS Commander in Chief of the army aud navy of
the United States, the constitutional power of the
President is altogether nominal. s'It amounts to
nothing more than the supreme command and di-
rectIon OF the military and naval forces, first
general and admiral of the conlcderacy."
Even if a state conceiving its sovereignty to be
lnfrlnged, should find it cXpedlen to resort to
tual resistance, Congress itself has the autho-
rty TO interpose the force the Union, and plunge
the country into civil The powers of Con-
gross confined the express delegations of
the constitution. In what part of that instrument
is Congress authorized to make war on u sove-
reign state, which refuses to obey law passed on
dubious and disputed authority? No-a conven-
ton OF the states Is the plain and constitutional
method of deciding the matter in dispute. To this
appointed decision every state must yield, else
1t must determine a secession from the Union.
But in neither case is warke hostility called for
either side.
The general government is the agent of the
States. 1t is not party to the federal compact -
The idea of the agert cocrcng by physical power
the parties the compact, involves political an
maly, and is based on the dangerous and alarming
assumption that Congress is the irresponsible ud ge
OF its own acts-a doctrine at with the origin,
practice and principles of the federal government
But IT the authority Of Congress be incompetent TO
the fOrCIhlc coercion o. nj hplnnUinu to fa
American confederacy, upon what reasonable
grounds can the President of the u States, on his
own assumed authority, make such threat as his
letter manliosty dIscloscs! Even though the
greater part of the citizens of South Carolina
should be ofopinion that act passed by Con-
gross, beyond the limits of its dcleg ltcd power is
null and Woodland being so persuaded, deter
mined to use every constitutional means Of pro-
tcctmg themselves from the destructive effects OF
gross usurpation-will this Justify the invasion OF
their country by an hostile force, because the Pre-
sident OF the Union disagrecs with them in OPT
Mon? If any doubt, however, exists to the
true construction of the federal constitution on
the subject of the powers of the President, or OF
Congress, over the military force of the United
States, that doubt is removed by reference TO the
Journsls of the federal convention.
The following resolutions the one introduced on
Abe 29th of May, and the other the 18th June
were both rejected by decided muiorties:
Resolved, That the National Legislature ough
DO be empowered to call forth nc force of the Unior
against any member of the Union falling to fulfil
Its duty under the articles thereof.
Resolved, That if any State, or body of men IL
any State, shall oppose prevent the carrying in
to execution such acts or treaties, (madc and rati
fled under the authority cf the United States.) tin
Federal Executive shall be authorised to call fUrtl
the powers Of the confcdcrutcd States, or so mucl
thereof as may be necessary to enforce and compe
an obedience to such acts an observance of sucl
treaties.
After this brief exposition Of the powers Of TN
General Government and IFS chief Executive officer
IN relation to the military force of the country you
committee would remark that the pertinacity will
which Congress adheTes to the enforcement o
laws, unwarrantcd by the Federal compact an
the recent avowal Of the President that high an,
sacred duties will compel him sustain the usurpa
ton by physical means, constitutes "a case on tn
decision of which the existence of the fcdcrativ
feature of the Government is essentially involved
IF the position thus assumed by the President, b
true, the Constitution Of the United States is
nullity, and the people of the Union arc PRACTICAL
controlled by military dcsposIn.
The Committee in conclusion would distinctly
declare that the threat contained in the Prcsi
dents letter is equally iupotcut and un4isc, ant
that South Carolina, regardless Of menace from
whatever quarter it may proceed, will persist i
using such means OF protecting her citizens agains
manifest oppression, tho necessity Of the cas-
shall demand, and her constitutional rights vii
Justify.
Influenced by these considerations, your com
Tnttcc ask leave TO submit the following rcsou
. tiODs, viz:
Resolved That the letter Of the President q
the United States 10 portion of the citizens O
Charleston, bearing date 18th Of June, 1881, is a
once at variance with bis duties and the rights o
she States