Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-09-25

ton: His presence must have given hallowed aud at
ecting interest to the The aged patriot could no
nave chosen more appropriate celebration for his birth
Day than TO preside the councils of assembly
charged with the destiny of his State and perhaps
oil this wide republic Charleston Courier.
Sketch efhe Proceedings ore Union and State Righf
Contention
COLUMBIA Sept -, 1892
Convention met pursuant TO adjournment.
! Prayer offered by the Rev. Mr. Freeman
MT. Peugru, from the Committee, reported the follow
ing Address and Resolutions which were submitted 10 the
Convention
TO THE PEOPLE
AT this period, when the controversy by which the
State has for years been distracted drawing TO an issue
OF fearful import the Delegates of the Union Party ASSEM-
uI at Columbia" invite your solemn attention to the
siueiauoh oil he best mode OF providing Public
Safety They solicit your operation in a common ei-
tort 10 sustain the prosperity, and ii possible peace
the country There Tariff party i'm South Carolina.
agree every side that the Tariff shoud be resisted
by all constitutional means So far there is no difference
Of opinion but we divided the character of the
means That should be employed; and resistance by nul
cation is the fatal OF bitterness and discorleyen
those who are in favor of nulhcaon differ widely as TO
It's character 1t Is recommended constitutional and
PEACEFUL but when explained by its advocates
1t assumes many different aspects, and furnishes an evil
omen oil inermnabe strife. Regarded as peaceful re-
mcdy nulicaion resolves itself into mere lawsuit and
may be shortly dismissed feeble inefficient measure
-for has been wisely provided that Constitution
S"u me scSo Congress made in pursuance thereof shall
ne me supreme Law OF the hnd-and in Court sitting
under the authority of the Constitution the merits Of
inc question could receive no aid from the high sounding
cIllis vi All act NulnCatOn Regarded a
.erpohon oil the Sovereign power of the State the OBJ
Jecuons TO 1t lie far deeper. 1t is mere inacon of
the Constitution which, like injury leaves its
general uuhty unimpared, but radical and fatal error
he theory renders the Constitution dead leter-and the
practical enforcement OF the doctrine is the beginning of
Revolution. government Inadequate TO lis nurnose.
cannot in the nature OF things maintain its existence The
great end and aim OF the Constitution TO preserve the
Union OF the States and by that the harmony and
prosperity OF the Countrywide old confederation proved
inadequate to that end, because the of its reso-
buttons depended the will and pleasure of the several
States The Convention which formed the Constitution
owed us existence 10 the necessity of giving the Gener
al Government the power TO its own laws If the
several States can nuy act of Congress like the Ia
riff that power be exercised and the Federal Co
vernment must follow the fate OF the confederation 1t is in
vain to argue against facts The theory ulifcaon
hes the history othe country tits contend that
the trainers OF the Constitution did not invest the General
Government with full power TO execute their laws,
that without such power Union exist
lhe restriction OF the State veto in its laws de-
cared by the State TO be unconstitutional merely nom
nal In practice it make difference; for whether
the law be constitutional not, the effect of notification
must be the II State has the jurisdiction TO de-
clare law unconstitutional, every other State have
the and the constitution have 10 settled mean
ing 1t is vain TO say that the power would not be lightly
exercised Hit were power Which the States possess
the right was acknowledged there would be 10 more diff
hculy reserve in the of now than under
the CONGREGATIONAL veneraIion for the constitution may
prevent miraculous but can have application to the
ercise OF right when admitted 10 be constitutional
According to the theory of Nulcaon any number OF
States, more than fourth of the whole NAV change
the constituton-For in State shall nul(v an act
which that very State in with all the Others had
formerly recognized as Legitimate oany law that really
constitutional unless three iourths concur in favor of the
law so nuited, the constitution will TO all inents and
purposes be changed and this power Of minority to alter
the constitution Is deduccd from the express provision that
shall not be altered by less than majority of three
touhs BY the same rule, if unanimy had required
IN all amendments, the Constitution might have been
changed 10y any one State Such illacy requires no cx
posure construction which destroys the text aud gives
TO words an effect directly opposite their sense aud
meaning, is too gross for argument.
Such are the objections to notification in theory II is
not merely an iniracton of the Constitution but a total abb
rogaon OF its authority. But in practice a dissolution of
the Union Is one OF the least of the dire calames which
it must inilict on the country secession from the Union
might possibly take place in peace and would only i'm
PAIR our national defence, put independence dan
GER and give US up prey to foreign influence with its
usual consequences OF domestic faction and frequent wars
But Modification in practice produce a direct COLI
sion between the authorities Of the State and those of the
Union. Ii would place both parties under the necessity
OF conflict and ensDare the citizen between Inconsistent
duties adding TO the disasters of the cruelty of penal
laws. IL may be said by the advocates of qualifications
that the State isentted 10 the unqualified allegiance Of its
citizens, and that the DEGREES OF State Convention would
supersede all other obligations. Without stopping to ex.
anime the correctness oil this doctrine, IT be conced
for the purposes OF argument, that The, NllG,o
command us TO Withdraw our allGGsY; i lii, :, ,I
~ % s,st Inc constituted authorities it commands
implicit obedience TO the Constitution OF the United States
any thing less than humiliation and defeat be expect.
ed from such tissue OF Inconsistencies.
But if Modification be considered as constitutional
power but as high prerogave, and an exceptance ms
fled by great emergencies, it must ia principle be the
the right OF resistance, which is recognized by
the principle of freedom right paramount TO all con-
sutions and is but application to the State political
body the principle which prevails in every
between the people and the Government Butas this ex
cepion by its very nature beyond all law il cannot be
Incorporated into the rule of the Constitution. The
lion in all such is, whether necessity exists whe
Their the magnitude Of tire evil is such tojusty resort
to revolutionary force.
We cherish a sacred attachment TO the Constitution,
and deplore aud deprecac the effects Of that rage and pas
sion which The correction of abuses would sweep away
tic measurable institutions OF freedom. III nullhcahon
was not fatal those institutions there would be dis
pue among us and when the vital and essential interests
Of the State in Jeopardy, we should think no risk too
great for their preservation ia the last resort But would
little COMFORT with patriotism prudence to incur all The
caamiics attendant the destruction Of social ORDER
any plan be suggested for removal OF the burlhes
of the Tariff (already considerably diminished by saer
and more eligible means. We believe that the times call
oudy for the adoption OF such plan, and that no insuper
able objections stand in the way Of cordial cooperation
Of alt parties Let the Southern States meet 10 ConVen-
ton and deliberate well the nlrdciion OF their rights
on the mode and measure OF redress Inc states OIL
Virginia North Carolina Georgia, Tennessee, Alabama,
and Mississippi equally concerned Win us IN al the
consequences of the Tariff II the freedom aud prospect
~ of one are involved in the issue, those Of all the others
/ are equally concerned.
whatever advantages may be expected from Nuiifca-
lion as constitutional check, only be realised by
concurrence of the States that arc interested and sucr
CO. operaon appears be clearly minated by the Nir
pina Resolutions The proper proceeding ~ suc cases
And Modification be regarded as an appeal to the pn-
cipe Of resistance would be madness to expect success
without the support and cOuntenance OF those States II
tive System in regarding the ordinary oonsilu
tonal checks insufficient to restrain the General Co
vcrnmcu within rs proper sphere, such intefPoson a.