Smyrna times., 1875-03-31

or did he regard it merely as Il league be-
tween sovereign States? Our critic says
the latter. say the former Let us see
which is right.
In the year 1882, the legislature of South
Carolina proclaimed the doctrine of nullif
cation on the ground of the illrgality of GER
tain congressional proceedings; and 10 sup
port this doctrine, eXultingly pointed to the
Virginia resolutions of '9S. In the midst
of the controversy, Mr.. Madison aS one of
the trainers of the Constitution. and the
author of these resolutions, was frequently
appealed to: and in his letters to certain
prominent statesmen, who had requested
instruction, are TO be found his clearcst
views upon the subject. That we may
clearly understand this doctrue we must
accept it as laid down in Il report of Il spc-
cial committee of the House of ReprcSrnta-
tivcs of South Carolina in 1928. In that
document it is declared that Il single State
has constitutional right to arrest the exc
cution of law Of the United States within
its limits, and hence to seccdc. Now turn
to Mr.. Madi>on's article on notification,
found on the 39jth page Of the 18th volume
of his writings. and read these words: i" Al
though the Legislature of Virginia declared
at Il late session. almost unanimously, that
South Carolina was not supported in her doc
trinr Of notification 10y the resolutions of
l79S, it appears that those resolutions are
still appealed 10 a expressly or construct
lively f;tyoring the doctrine Again. in the
same volume on the gtith page. in letter to
Mr. Everett. i'll reference To the Constitution,
we find lik" expressions of the sala, oi,iu-
ion in the following words: Being thus
derived from the same source, lis the con~ti-
tuition of tn. States, it has within cach
State the same authority a the constitution
of the State and is a. much Constitution.
IN the strict sense of the tenn. within it,
prescribed sphere. 4, the Constitution of
the States are III their respective spheres +:
I with this obvious and essential difference.
that! b"jng a compact, the States in their
highest sos rYrign capacity. and constituting
tn" propl" thereof o"C jtopIf for certain Illr-
poses, it ro""ot be a1,y,,i or a,pak,i al the
will of the states ;",Erah,Hy. as the. ronsti-
tuition of q State may lie ut its individual
will" Here then Mr. Madison clearly af-
firms that the States Individually have no
right to sccedc; and yet our critic boldly
/ ihsinuatcs that Mr.. Madison held to the
contrary. Mistaken again, isn't he?
Either vainly endravoring to impose up
on what L. considers the ignorance of his
reader, or eiae Iamentably ignorant himself
we find our critic again l,rrvrrting facts to
make them sub,rrvicnt To his own wishes.
His mis-statcments however no longer sur
prise me; bat naturally expecting to find
him asserting that it was conceded both
by Story and Webster that if the Constitu
sipn is Il compact to which the States ar,
parties, then the States have right to s.
ccde from the Union at pleasure, | pro
crcd al Gnc, 10 rctutc the statement by an
appeal to tlk ifg,iv Of the latter to liaync
and to the remark, of tie former. cOmmen
datory of President la, h son Proclamation
Of Dec 10th. lS32. 50 shcm." said Wei
stcr, "cycu surprising the Constitution 4
h. a compact between the St;r;r, 'hc gen
tlrman'o doctrine" tthr right Of ca J, Stat,
to interpret its own terms and hence 10 *,
crdr from the Union at plca~DrrrJ never
thclc~s. is not mantainallc: because. first
the general government is not party t,
that compact. but Il government c~tahliShc,
by it. and vested 10y it with the power o
irwin" and deciding doubtful questions: an,
secondly. because if the Constitution he r,.
gardrd aS compact. not one State only
but all the States, ar" parties 20 that con!
pact, and o"f can have no right to fix upon
T it her own peculiar construction" Say
Mr.. Story. speaking of the Proclamation t.
which / have already referred, = As a Stat
, paper. it is entitled to very high praise fol
the cIearnrSs. force. and cloqucncc. witt
which It had defended the rights and pow
"r+ of the national governments / gladl
| copy INTO th"-,' pages ~',inc of its most in
f pprtant passages, as among the ahle4t CON
r mrh:arirs ever offered upon the ConStitl
q ton" Now turning to the paper itself. lc
I It's St'N' ~ W tlttl VII. 'NtblN ItltGfN1i. - Dt
= cause tina Union. says Jackson. was lormc
. by compact, it is said the parties to tina
t compact may, when they feel thrmsc!vc
+ aggrieved, depart from it but it is precise
: ly because ii IS a compact, that they rannm.
Such is one Of the most important passag,
| to be found in President Jack sons Procl,
t nation, AMI gladly copied by Mr.. Story =
= an expression of his own views. and ~ d
e serving of great praise for the clcarncs
@ force, and elo1ucncr, with which it dcfrn'
e ed the rights and powers of thc nation
IS government.
n A. the quoted words Of Madison clear
n show the false Interpretation which ol
lr critic has placed upon his resolution. 50 !
Is an appeal to the works of Story and We
>" strr have we convicted him of like pcrvc
sion; and with few words in rcfutation
is the remark that the latter "stood on opp
.r sing grounds in 80 and 50, close II