Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-09-25


At this period, when the controversy by which |
the State has for years been distracted is drawing
20 an issue of fearful import, the Delegates of the
Uuion Party assembled ut Columbia, invite your
solemn atlentention to the consideration of the
hest mode OF providing for the Public Safety. They
solicit your cooperation in common effort to
sustain the prosperity, and 1t possible, the peace
OF the country. Ihere rs no Iariii party IN South
Carolina: we agree every side that the Tariff
should be resisted by all constitutional means. SO
far there is no difference of opinion; but are
d:,;;d as to the character ofthe means that should
be employed: and resistance by nuiircation is the
fatal source of bitterness and dscord-Evcn those
who are III favor of qualification, differ widely as
to it's character. 1t is recommended as constitu-
tional and peaceful, but, when explained even by
its own advocates, it assumes many different as
pects and furnishes an evil omen OF mtcrminablc
strife. Regarded as peaceful remedy, nulllhca-
ton resolves itself into 4 mere lawsuit, and may
be shortly dismissed as a feeble inefficient mca
sure For it has been wisely provided that tine
Constitution and the acts of Congress made
in pursuance thereof, shall be the Supreme
Law of the Land-and in Courtst-
ting under the authority OF the Constitution the
merits of the question could receive no aid from
the high sounding terms of act of notification
Regarded as a forcble interposition of the Sover-
eyn power of the State; the objections to it lie far
deeper 1t is not nraction of the const
tuition which like an external injury, leaves its ge
neral utility unimpaired, but radical and fatal
ror. The theory renders the constitution dead
lcttcr-and the practical enforcement of the doc
trlne the beginning OF RCNOlutlOn. ~ govern
mcnt inadequate to its purposes, cannot IN the ma
ture of things maintain its existence. The great
end and aim of the constitution is to preserve the
Union of the States, and by that means the harmo-
ny and prosperity of the Countrywide old conieder-
alton proved inadequate to that end because the
cuton Gifts resolutions depended ON the will " plea
sure ofthc several States The convention which
formed the constitution owed lis existence to the
necessity of giving TO the General Government tho
power to execute its laws. If the several
States can nulhty an act of Congress like the Ia
riff, that power cannot be exercised and the Fcdo-
raj Government must follow the fate of the Con-
federation. 1t is in vain to argue against facts.
The theory of Notification falsiiics the history of
the country. 1t is INDUSTRIOUS to contend that the
trainers of the Constitution did invest the &C.
neral Government with full power TO execute their
own laws, or that without such power Union can
exist.
The restriction of the State veto in its terms 10
laws declared by the State to be Unconstitutional,
is merely nominal In practice it can make no
difference, for whether the law be constitutional or
not the effect of notification must be the same.
If one State has the jurisdiction TO declare law
unconstitutional, every other State must have the
same; and the constitution can have settled
meaning. 1t is vain to say that the power would
not be lightly exercised. If were a power which
the States possess, if the right ackno legged,
there would be no more difficulty reserve in tho
exercises of 1T now, than under the confederation.
veneration for the constitution may prevent in
fractions, but can have application to the cxer-
else of right when it is admitted to he consti-
tutiona According to the theory of Notification,
| any number OF States, more than fourth of the
whole, may change the Constitution. For in case
a State shall nulllty an act which that very Stale
| III common with all the others had formerly recog-
nizcd as Legitimate, any law that is really con-
situtional, unless threetourths concur in favor of
the law nullitied, the constitution WILL to all in
tents and purposes be changed; and this power of
| a minority TO alter the constitution is deduced from
the express provision that it shall be altered by
less than majority of three-four,hs. BY the
| same rule, if unanimity had been required in all
| amendments, she constitution might have been
changed by any one State. Such fallacy requires
| no exposure. A construction which destroys the
text, and gives to words effect directly opposite
to their sense and menaing is too gross for argu-
mcut.
| Such are the objections to nufca;io in theory
1t is not merely an iniractien of the Constitution,
but total abrogation of its authority But in prac
lice dissolution OF the Union is one of the leasr
of the dire calamtics which it infiict on the
| country. a secession from the Union might posi-
bIy take place IN peace, and would only impair our
national defence, put our independence in danger,
and give us up prey to foreign influence, with
It's usual consequence of domestic faction and fire.
quent But Notification in practice must
produce direct collision between the autholitc
OF the state and those of the Union 1t would place
both parties under the necessity of conflict and
ensnare the citizen between inconsistent duties adj
ding to the disasters OF war the cruelty of penal
laws. tmay be said by the advocates OF nuliiica
ton, that the state is entitled to the unqualified
allegiance of its citizens, and that the decrecs of
state convention would Supercede all other obliga-
lions. Without stopping to examine the correct
ofthis doctrine, it may be conceded for the pur
poses of argument, that if the State authorities
command us TO withdraw allegiance from the
General Government, we are bound TO obey. But
Notification Processes to be a constitutional remedy
and whilst ii calls upon to resist the consttu
ted authorities 1T commands implicit obedience TO
the Constitution of the United States; can any
thing less than humiliation and defeat be expected
from such tissue of Inconsistencies?
But If notification be considered not as n conSfi-
tutional power, but high prcrogative, and an
exceptance justified by great emergencies it must
In principle he the same the right of resistance
which is recognized by the principle of freedom as
right paramount to all constitutions, and is but
an application to the state n political body of
the same principle which prevails in every case be-
tween the people and the Government But ms
tins exception is by its very nature be ond all law
1t cannot bencorporated into the rule of the Const
tuition. The question in all such cases is whether
necessity exists whether the magnitude of the evil
is such as to jusiya resort to revolutionary force
We cherish a sacred attachment to the Constltu
tion, and deplore deprecate the effects Of that rage
and passion, which in the correction of abuses
would sweep away the nestimable institutions of
freedom. If notification was not fatal TO these
institutions, there would be dispute among us
and when the vital and essential interests of
the State are in jeopardy, we should think
no risk too great for their preservatinn in ,Lo
last resort But it would little COMFORT with notri
otsm or prudence to incur all the calamitics ~
tendant on the destruction of social order If any
plan can be suggested for a removal of Inc bur
thens of the Tariff (already considerably diminish
cd) oy SAFER ana more eligible means. We believe
that the times call loudly for the adoptiop or src
plan, and that no iDsupcrable objections stand IN
the way of a cordial cooperation of all nnrties
Let the Southern States meet in Conveut;or aud
deliberate well on the iuGraction of tbe;r r;rl,t
as on the mode and measure of redress. The
It,. ...x.GN .,,,..