The southern press. [volume] (Washington [D.C.]) 1850-1852, 1852-04-05


Letter from Hen. J. 4 Woodward.
We transfer to our columns from the Wins
boro' Register, the following letter from our i'm
mediate representative at Washington, on the
propriety and constitutionality of the withdrawal
by the convention, of our senators and repre-
sentative from Congress;
WASHINGTON, March 10, 1852
My DEAR SIR Il have been much gratfsd
at the receipt of your letter, but regret that you
are not more decided in your repugnance TO the
idea of prohibiting the election of United
detaching the State from the legislative branch
of the federal government, while she will still
remain in union with the other States, and
equally with them be subject to all the laws
aod acquisitions of the Union. Now, if the
State were about to secede from the Union, a
resolution recalling your senators and repre-
sentatives, though not legally binding until after
the act Of secession, would meet my approba-
ton There would be an obvious propriety and
| decorum in the act and it would relieve the
delegation of an embarrassing situation. But to
make such measure the thing in chief, and not
the mere consequence of "A more decisive pur-
pose--to rely upon it as the substance OF remedy
AS the protective effort of invoked sovereignty
would be strange, indeed AS to the effect OF
the measure, it would be most pernicious, and
in point of constitutionaIity, it would be utterly
indefenslble.
First, let us consider it in constitutional point
Of view. IL is conceded that convention is SOW
ereign, according to the doctrines of South
Carolina, and that there is no authority capable
of rghtfully controlling its action. But it must
be remembered, that sovereign can, by com
| nkI;fruf;ouo md 1i.a
bties, Of which he cannot relieve himself, ex-
cept upon violation of the terms of the com
pact, and then only by repudiating the compact
itself All that can be legally done by State
a convention may do, but there are vast num-
Der of things which State cannot do SO long
us she remains member Of the Union. No
State can "coin money, emit bills of credit,
make anything but gold and silver coin a tender
in payment of debts" &c, &c. Consult the
Constitution, and see how many disabilities are
imposed upon State, Of which it cannot ex-
onerate itself, except by secession. The tenth
amendment to the institution readsas follows
"T'he powers not delegated to the United
States by the Constitution, nor prohibited by it
to the States, are reserved to the States re.
spectively. or to the people"
But the powers expressly delegated to the
United States, or prohibited to the States, are
of course, not reserved either to the States OF
to the people of the States and what the PEG.
pie of State cannot do, a convention cannot
do; for convention is not greater than the
people.
Now, the Offices of senator and representa-
| tive are created by the Constitution of the Uni
ted States, and the right of legislature Of a
State to elect the one, and that of the people to
elect the other, are conferred by the same Con
| stitution. The convention of State neither
created those officers, nor conferred the right to
elect them; and what it 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 people hold their
! right to elect representatives independently OF
| the convention and of the legislature.
! If, however, the legislature should, ofits own
accord, decline TO choose senator's, or if the
people should all, of one accord, decline to elect
representatives, there could be found nowhere
any right Of compulsion or 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, "in pursuance" of power ex-
pressy granted by the Constitution, proceed to
provide necessary election laws, and by virtue
of these laws, a handful of people might lawful.
ly elect all the representatives to which the
State should be entitled. The consequence
would be, that. the choice Of representative
would fall exclusively into the hands of those
opposed, by superstition, to the State, and on
the side of the Union. 1t would not help the
matter, that the legislature should have acted
under an Injunction Fl ON convention The Or
dinance Of convention, enjoining the act would
be of no higher authority than the Constitution
of the State. Indeed every ordinance of con-
vention, is, in theory, part of the State const
tuition; 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 Con.
stit,ition or laws of any State to the contrary,
| Notwithstanding" Thus it will be seen that
| representatives elected under the circumstances
described, by handful Of people, in some cor
| ner of the State, would have to be regarded as
lawful representatives, not only by the United
States authorities, but by the judicial tribunals
of the State itself. And should the legislature,
in obedience to an njuction from convention,
declare it an offence to participate in such cleo
lions, the State courts would be bound, by
oaths Of Office, to declare the act of the egisla-
ure unconstitutional and void There would be
no way of exonerating the State courts from
the necessity Of thus deciding even upon the
| DrOaueSt uOclTitleS Oh Stale hlgnlS, unless the
convention, pronouncing Judicialy upon the
Constitution of the United States, should
solemnly declare that the State had never in
tended to grant to Congress the power to pro.
vide for elections. And where is the possibili
ty or. the desirabiIity, that convention Of the
people of South Carolina should ever be
brought to utter so paIplble falsehood?
But it is needless to say more with the view
of showing that the convention and the consti.
tuition of the State have nothing to do with the
matter of United States senators and represent
atives. If, as have already said, the people
should choose not to elect representatives under
an act of Congress for the purpose, they would
violate neither the laws or the Constitution of
the United States; but it must be borne in mind,
that though every person in the State, except
fifty voters, should refuse to go to the polls,
these fifty would be considered as constituting
the people, and the persons elected by them would
be lawful representatives. A distinguished rep
resentaative from South Carolina was once elect