Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1852-04-05
~sEE FIRST PAGE.


The history of South Carolina from the day
that she blindly and implicitly submitted to the
guidance of Mr.. Calhoun, has been fraught with
mortifcations. which her sensitive people must
have keeny felt. Yielding to the instigations Of
her overbearing and naughty spirit, she has in
respect to federal politics, from time to time ia
ken positions which she has been compelled re-
luctantly and sulleny to relinquish. In respect
to notification, she had to cover before the vehe-
ment threats of jackson; and more recently, in de-
rogaton of her pride, if mother sefrespect she has
been driven from post to post, until now she is
making preparations to eyacuate her last position
of defiance. But it must be granted that the force
which she has drawn out to protect her retreat, is
strong, and ifanything soften and disarm ridi
cule, it is the unusually sensible letter from the
pen of Mr. Woodward, one of her Delegates in
Congress. As it will serve to explain the present
attitude of that State, and indicate in measure,
the line Of her future conduct propose to lay
before our ,ders some account of Mr.. Wood
wards letter to Mr.. Barky, of his constitu-
ents. Its published in the Charleston Mercury
of 30th ult. 1t has been proposed by certain
party in South Carolina, that the State shall de-
from Iiic Vi
eral government, by Withdrawing from Congress
her Senators and Representatives. This act of
| power, according to the proposed plan, is to be
exercised by the State Convention, to meet next
month: the idea being that the Convention,
cloathed with the awful majesty! ofSouth Carroll
ma, will have the unquestonabe ri ht to do this
But, contrary suppose to Mr. Barkly's expec-
tion Mr. Woodward fatty denies the power Of
the proposed Convention to effect this without
first dssoving the political ligamens that bind her
to the other states, and constitute her member
of the American Union, which forms no part OF
parcel of Mr.. Barky's plan. Inasmuch as in the
Convention convened in South Carolina, twelve
month since, immediate secession was discoun-
tenanced, and utterly, and promptly, and finally
rejected. To take the step suggested-to with
draw her delegation from Congress, simply, and
vet remain in the Union, Mr.. Woodward very
properly says, will not only be entirely inopera
tive as measure of redress, but will tend rather tt
aggregate the complaints which Carolina already
makes. He says that to vacate her seats in Con
gress and detach herself from the federal legslu
ton, ought to be rather the consequence and re-
suit of secession, than the substitute and antece
dent of it. But, having said enough to enable the
]. reader to apply and appreciate an extract from
the letter ITSELF we shall leave Mr.. Woodward te
state his own arguments
.sNow the offices of Senator and Representative
are created by the Constitution of the U. States
and the right of Legislature Of State to cleo
the one, and that of the people to elect the other
are conferred by the same constitution. The Con
vention of State neither created these officers
nor conferred the right to elect them; and what ii
did not give, it cannot take away. The Legislature
holds its right to elect Senators independently
of the people and OF the Convention and the peo-
pie hold their right to elect Representatives, in
dependenty of the Convention and of the Legisla-
ture.
"If, however, the Legislature should Of its own
accord decline to choose Senators, or if the people
should all, of one accord, decline to elect Repre-
sentatiyes. there could be found no where any
right of compulsion OF interference. But in case
the Legislature, by repeating the election laws,
should attempt to deprive the people OF the means
of electing Representatives, Congress would at
once, sin pursuance of power expressly grant
ed by the Constitution, proceed to provide neces-
sary election laws, and by virtue of these laws
a handful of people might lawfully elect all the
Representatives to which the State should be en-
titled. The consequence would be, that the
choice of Representatives would fall exclusive
ly into the hands of those opposed by opposition,
to the State, and on the side of the Union. 1t
would not help the matter, that the Legislature
should have acted under injunction from the
Convention The ordinance OF Convention, enjoin-
ing the act, would be of no higher authority than
the Constitution of the State. Indeed every
dnance of Convention, is, in theory, part of the
State Constitution. But the Constitution of the
United States expressly declares, that all laws
made in pursuance thereof, shall be the supreme
law of the land, and that, 'the Judges in every
State shall be bound thereby, any thing in the
Constitution or laws Of any State to the contrary
Notwithstanding. Thus it will be seen, that Re-
representatives. elected under the circumstances de-
scribed, by handful of people, in some corner OF
the State, would have to be regarded as lawful
Representatives, not only by the United States
authorities, but by the judicial tribunal of the
State itself And should the Legislature in obe-
dience to an injunction from the Convention, de-
clare it offence to participate in such elections,
the State Courts would be bound by oaths OF Office
to declare the act of the Legislature unconstitu-
tional and void. There would be No way of ex-
onerating the State Courts from the necessity of
thus deciding, upon the broadcast doctrines OF
State Rights unless the Convention pronouncing
udicially upon the Constitution of the United
States, should solemnly declare, that the State
had never intended to grant to Congress the power
TO provide for elections And where is the posi-
bity or the desrability, that Convention of the
people of South Caro- ina should ever be brought
to utter so palpable talsehood!''
California and the Compromise
The Democratic State Convention of Califor-
MIA adjourned without expressing any opinion in