Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1865-09-14

elusive judge OF the extent OF the powers
delegated to it, stop nothing short Of des-
potism; since the discretion Of those who
administer the government, and not the
constitution, would be the measure Of their
powers. That the several States who formed
that instrument, being sovereign and inde-
pendent, have the unquestionable right to
Judge ofits infractiop, aud that nulli-
fication, by those sovereignties, Of all
unauthorized acts done under color Of that
instrument, is the rightful remedy"
Here notification is proclaimed the
"rightful remedy" by the several
States, whenever, in their judgment,
the Government of the United States
attempts to exercise unauthorized au-
thorities, and that this was the under
standing as to the meaning and import
Of the resolutions Of 'oS and 80, at the time
of their adoption is evinced from the action
of the various State Legislatures, to which
those resolutions were submitted.
Delaware was the first State to pass upon
them, and her Legislature considered the
resolutions from the State of Virginia as
very unjustiiable interference with the Gen.
eral Government and constituted authori-
ties of the United States, and of dangerous
tendency; and therefore net fit subject for
the further consideration Of tho General
Assembly"
The Legislature of New York adopted
resolutions, in which they saythey
| sSno,-ok e., L. .--,oA,,
and regret with which they observe the in
fammatoIy and pernicious sentiments and
doctrines which are contained in the resolu-
tions of the Legislatures OF Virginia and
Kentucky; sentiments and doctrines, no
less repugnant to the Constitution of the
United States, and the principles OF their
union, than destructive to the Federal Gov
ernment, and unjust to those whom the
people have elected to administer it, There.
fore, RESOLVED, That while they feel them
selves constrained to bear unequivocal tes.
timony against such sentiments and doc.
trines, they deem it duty, no less indis
pensable, explicitly to declare their incom.
potency. as the Legislature Of this State, to
supervise the acts of the General Govern
ment."
Pennsylvania, Maryland, New Jersey
Connecticut, Rhode Island, Massachusetts,
New Hampshire and Vermont also passed
resolutions disavowing the doctrine set ur
in these resolutions as heretical and danger
Gus.
All this was done at q timc-l79S ant
l799-when the trainers of the Constitu
ton were still living. At later date, wher
South Carolina undertook to exemplify th
doctrine of State Rights" by practica
application of its theory of State Suprem
acy in an effort to nullify the tariff laws o
Congress, Mr.. CALHOUN, in letter t,
WILLIAM G. PRESTON, dated Pendleton
8. c., Nov. 6, 1928, vindicating tho polio.
of notification set forth in 1.-THE Soutl
Carolina Exposition and Protest on tn
Subject of the Tariff" said:
"Our measures, however sound, ho,oere
justified by the noble example of Virginia Il
'98, will appear at first to all our friends
novel, bold and even dangerous, and t
those who exact tribute from us, treason
, able. Yet thought will be put in motion
Aud, rs our cause rests in truth and tn
Constitution. it will gain daily, till it wi
f finally prevail.
A year or two later, Mr.. HAYNE, az
, other of the great expounders of the dot
/ trine Of State Rights, in his speech in tn
o United States Senate on the toote Resoll
: tions, said:
g 1.-THE South Carolina doctrine Nullifc,
Z tion] is the good old Republican doctrine ,
a '9S-the doctrine of the celebrated wi
q ginia Resolutions of that year and Of Mad
sons Report"
p And, after reviewing these resolution
MADIsoN's Report, and the Resolutions
Kentucky of l79S-99, says:
r "Suoh, Sir, are the high and imposir
n authorities in support Of the Carolina dot
trine,' which is in fact the doctrine Of Il
!, Virginia Resolutions of l79S.''
!, In the formal Declaration of Caus,
d which induced the Secession of South Ca
!; olina," adopted by the South Carolir
: Convention on the Goth day of Decembe
J, ls6o-the day it adopted the Ordinance
d Seccssion-we find the following languag
9 embodying the substance and very near
. !, the words of the Resolution of '9S and Il
J. defence of Mr.. Madison:
l. "We maintain that, in every compa
between two or more parties, the obligatit
D is mutual that the failure Of one OF Il
J. contracting parties to perform mutual pa
n Of the agreement, entirely releases the OBJ
;, cation Of the other; and that, where
IL arbitor is provided, each party is ren,itted
d has o,on judgment to determine the fact
a failure, soith all its consequences"
: Such then, is the doctrine of ''Sta
- Rights" as contained in the Resolutions
70 '9s and 90, as we have it expounded by M
D. MDIsoN, by nine Of the original thirte,
ii States, by JOHN G. CALHOUN and RoBT. J
r HAYNE, the great champions Of the doctri
in 1928, 1889, by South Carolina when 81
h passed her Ordinance Of Secession, and
!" JEFF. DAVIS & Co., in the great civil W
Of 1861.
" 1t meant the right to nullify aud seced
70 as expounded by its friends and enemis
u contemporaneous and subsequent. and
p matter how it may be explained by polite
triokters in the pending contest, it has 4
% same significance, as it stands in the Pll
IT form Of the Democratic" party of Ohio
~ this year Of grace, 1865.