The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-10-16
MULTIPLICATION TIMES.
The Days When South Carolina Thought
Tariff Laws Unconstitutional.

Charleston News and Courier.
To the Editor-A birmingham. Ala. editor. Mr..
John W. DuBose, writes that he is told by an old gen.
tleman. a native of Charleston, that about the year
1888 South Caroliua fitted up a vessel and sent II TO
Cuba, to be loaded with sugar. The motive was to
let Uncle sam see that the State could resist the
in Charleston Mr.. Clay bad succeeded in
passing his compromise bill. and, therefore, the issue
cannot verify this information. Can youl
SOCIETY HIT. j. j. LUCAS.
The above-m mentioned incident recalls one of
the most interesting and exciting epochs in the
history of this city and State. 1t was the out
como OF the great history OF publication. in
which the State OF South Carolina aud the i'm
mortal statesman, John Z. Calhoun, played such
important parts.
South Carolina claimed that the true con-
struction OF the Virginia and Kentucky resolu-
tons gave a State the right to resist the en-
forcement of any law of the United States that
it considered unconstitutional At that time
the tariff laws had caused n great ferment IN
all the States south Carolina was especially
opposed TO them, and declared that they were
uuconstitu tional. and that she would resist their
enforcement. The whole State was ablaze.
Union and Notification parties were formed,
the AArbor was guarded by United States war
ships. and il is said that cannon and gun car
riages were plentiful in Church street II was
then that President jackson gave utter
ance TO the famous words, The Unlon
must and shall 10 preserved" and that
General Hamilton. a moving political spirit
in Charleston at the time. imported a cargo Of
sugar. either for himself or in his name, in or
der TO test in the courts of the United States the
constitutionality of the tariff law. Payment OF
the bond on the cargo was refused cn the ground
that il was enacted by an unconstitutional
law.
Mr.. McDufie, who was then representing
South Carolina in Congress-, was brought down
from Washington to argue on the unconstitu-
~tionality OF the law. lie was met on his arrival
in the city ana escorted downtown by q BODY
Of horsemen. When the question came
up for Argument before tbs court an
amusing incident wss revealed. amusing at least
TO legal minds. MIR. McDuifie made a greatspeech.
He was opposed by Mr. James l.. Peueru.
When the great jurist got up TO reply. hovev-
er, he said, In his quaint style, that he did not
propose to join in argument with Mr.. McDufie
upon those matters which be mad discussed.
That, as ne took ND the record, he saw that the
plea therein entered by the defendant
was Ion est fscto That the only
issue before the court was whether the
defendant had signed and sealed the bord on
the cargo, and that, as the signing and sealing
OF the bond were admitted, there was no ques-
ton open before the court. and nothing for it to
do but TO direc; that a verdict De rendered in
favor of the government. This the court did,
and the issue resulted in a complete fiasco.
The question then came up In Congress, when
Mr.. Clay suggested the compromise measures
which led TO an adjustment of the tariff and the
end OF the notification war lie South Carolina.
Such are the facts as recited in the reminis-
cences OF u gentleman who was then a young
those exciting times, and in all probability ex-
plain more fully and accurately the incident
mentioned than any other authority to which We
might refer our correspondent.