Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1833-01-31

states which We sincerely and anxouxI, 49,
ana desire, will he accorded to us,,
FROM inc diversity OF The terms Indicated
IN these two important doc ument,. taken IN
connection with the progress OF recent event,
'" s'a. quarter, there Is too much reason to
aPPrehend' without m any manner doubling
the intentions of those public fupct;on.r;.s
that neither the terms proposed in the ,dJrc<s
OF the Convention, nor those alluded to in
tue Message OF the Governor, would appeasc
inc excitement which has led to tho pros.n,
excuses. IL Is oby ious, however. thai sbo,,Id
the latter be insisted on, they present an al
Tentative which the General Government. ef
ITSELF, can by no possibility grant; sincc. by
an express provision of the Constitution. Con-
gross can call Convention for the purpose
OF proposing amendments, only on the an
plication OF the Legislatures OF two-thiris af
the states" Aud il is not perceived that the
terms presented in the Address arc more
practicable than those referred to in the Me-
sage.
IL will not escape attention that the eoDd;
IONS on which II Is SAID in the Address of th,
convention they g" would be willing TO acqui-
esce, form no part Of the Ordinance. While
ths Ordinance bears all the solennity of n
fundamental law it i 10 be authoritative upon
all within the limits OF South Carolina. and ia
absolute and unconditional in its terms the
Audress conveys only the sentiments Of the
Convention, IN no binding or practical form
onc - the act OF the state the other onIv The
expression OF the opinions OF the member. of
uc convention. To limit the effect OF that
solemn act, by any terms or conditions W..
ever, they should have been embodied in !,
ana made OF import no less authoritative than
inc act itself. BY the positive enactnent,
OF the ordinance, the execution of the iaus
OF the Union is absolutely prohibited. and the
Aodress oilers no other prospect Of their be-
ing again restored, even in the modified form
proposed, than what depends upon the ,mrro-
oabie contingency that amid Changing events
ana increasing excitement, the seDtiments or
the present members Of the Convention ami
oil their successors will remain the SANG.
III Is TO be regretted, however, that these
CONDITIONS, even AZ they had been offered in
the same binding form, are so underlined. de-
pend upon so many contingencies. are 40 di-
rectly opposed to the known opinions and in
terests Of the great body Of the American neo-
PIE, rs 10 be almost hopeless Of attainment
ue majority oil the states and Of the people
VIII certainly not consent that the PROTECTING
duties shall be wholly abrogated, ever 10 be
re-enacted at any future time or in any possible
contingency. As little practicable - II 40
PROVIDE mat the " same rate Of duty shall be
imposed upon the protected articles that .haII
be imposed upon the unprotected" which.
moreover, would be severely oppressive TO
the poor, aud in time OF war, would add great
10 lis rigors. And, though there can be NO
ooJecuon TO The principle, properly UNDER
e.oou, that no more revenue shall be raised
than Is necessary for the constitutional pur-
poses OF the Goyernment,-which principIe
mas oeen already recommended by the Execu-
i've rs the true basis Of taxation.-yet n j.
very certain that South Carolina alone cannot
oe permitted To decide what those coostitu
tional purposes are.
The period which constitutes iae dus time
IN which the terms proposed In the address
arc to be accepted, would seem 10 nrc.sn,
scarcely less difficulty than the terms them
selves Though the revenue laws 1re alre.-
ldy declared to be void in South Carolina =.
wen rs the bonds taken under theu. ana The
judicial proceedings for carrying them into
eject. yet, rs the full action and operation of
,ho crIlnance are to be suspended until the
Isl OF February, tho interval may DO assum-
ca as inc time within which il Is expected
mat inc most complicate portion Of the ma
'iohai legislation, system Of long standing
aud affecting great interests in the commuu,,
~, IS To he rescinded and abolished. IA this
DC required II Is clear that compl iance !.
impossible.
IN the uncertainty, then, which exists an 10
'he duration of the ordinance and of the an
actmcnt' Tor enforcing it, il becomes imperi-
ously the duty Of the executive of the IIa;t.d
great interests committed to his care 90 ,rea,
NOSE arts as absolute aud unlimited. They
are So rs Tar as his agency is concerned,
nc cannon either embrace, or load to the ne r.
,ormance oil. the conditions. he has nlraady
} discharged the only part ia bis power. hy th.
Recommendations ia his annual me.,age.-
ne resi- Is with Congress and the people
Nnu' untu uIey have acted, has duty will re-
qhrc him To look 90 the existing Stata Of
things, and act under them according 10 his
high obligations
by these various proceedings, therefore
Tue state of South Carolina has forced the
General Government, unavoidable, 20 decide
the new and dangerous alternative of permit,
ting state to obstrIIct the execution Of IN.
laws "Ithih ats limits, or seeing Il attempt 10
execute threat of withdrawi sing from tie
oN'O"' i"at portion OF the people at present
loXcrcisins the authority of the state sole,n,.
" assert their right 20 do either. and "a sc-
iemnly announce their determination Ia do
one or the other ~ w
( IN my op'hipn, both pvrPoses arc % BE- rsrarf-
20 a. revolutionary IN iheiT ehsrsefey snI To-
ae"eg' sud sHbrsTsire Of ~ sHpyemaeH Of IA,
Ia'o' aud Of fhs iaiegrify Of ibs Eaioa. The
result OF each = tho same since state IN
Nh'cpi ny an usurpat9n 81 power the con
s'lllt'onal authority Of the Federal GoSeru-
ment - openly deted. and set aside waet.
only the form 20 be independent Of tbe Io,on
/ Ano right % people 81 q single state A.
ao'oi'e themselves, 1t will. and without shs
consent 81 TIE ether states, from their m,,t
solemn obligations, and hazard the bb.,t,~,
ana ans, happiness o. tie miliious composing lb,,
Cn'on' 'shroi b acknowledged. such autIo-
,,y : Oebe'ed to be utterly ropuxnant. both
20 the principles upon which the tseneral Go
l. .'s'1 - constituted, and ~ the objects !
"hirh u was eHpressly formed 10 aitslp.
Against All acts which nay b. alleged 20 I
transcend tiio constitutional power of govern
he"i, 2" which may h. announcement 90 op- 1
IP'e..iFe ~ their operation, the Constitution
ttseh has prescribed the nodes Of rrdre-s. "a I
y the acknowledged attribute e FREE instita- I
U"na, hat, under them, ihc emnirc ~ reason !
aud iaw 4 suissfffufed f.r sfa r.1,u.rr n a.. 4