The southern press. [volume] (Washington City [i.e. Washington, D.C.]) 1850-1852, 1852-04-06
From he South cayolsnia,.

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 Is, 1854
My DEAR SIR 81 have been much gratfed
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
States senators and representatives, and thus
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
and 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 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, ii would be most pernicious, and
in point of constitutionality, 1t would be utterly
indefensibe.
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 rightfully controlling its action. But it must
be remembered, that sovereign can, by com
pact, place himself under obligations and disa-
bilities, 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
as 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 Cons titution reads as follows:
The 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 or
to the people of the States and what the peo-
pie of a State cannot do, 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
IL Al H. A.
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.
Ii, however, the legislature should, of its own
accord, decline 10 choose senators, 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 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 ex-
pressly granted by the Constitution, proceed to
provide necessary election laws, and by virtue
of these laws, 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 supposition, TO the State, and on
the side Of the Union. II would not help the
matter, that the Legislature should have acted
under an injunction from 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 consti-
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.
sfifution or laws Of any State 10 the contrary,
Notwithstanding" Thus il 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 10 an INDUCTION from convention,
declare II an offence to participate in such cleo
tons, the State courts would be bound, by
oaths Of Office, TO declare the act of the lepisla
ture unconstitutional and void. There would be
no way Of exonerating the State courts from
the necessity Of thus deciding, even upon the
broadcast doctrines Of State Rights, unless the
convention, pronouncing JudiciaiIy upon the
Constitution Of the United States, should
solemnly declare, that the State had never in.
tended 10 grant to Congress the power TO pro.
vide for elections. And where Is the possibii.
ty or the desirabiity, that a convention OF the
people Of South Carolina should ever be
brought TO utter so palpable falsehoodl
But IL is needless TO say more, with the view
Of showing that the convention and the consti.
tuition Of the State have nothing 10 do with the
matter Of United States senators and represent
atiyes II, ss i 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 Consultation Of
the United States butt must be borne in mind,
that though every person in the State, except
fifty voters, should refuse 10 90 TO the polls,
these fifty would be considered as constituting
the peopls, and the persons elected by them would
be lawful representatives. A distinguished rep
resentaative from South Carolina was once elect.
ed by thirty votes, there being no opposition.
But in point of expediency, what good con.
sequence can be pointed out as likely 10 follow
Not one. I apprehend. That portion Of the