The Daily times. [volume] (Richmond, Va.) 1886-1889, 1889-01-21
JACKSOYS PROCLAMATION OF 1892
Governor TsreweII's Review OF the Docu
ment

/ of the United States In the convention
of 1857, which framed the Federal Con
siitution, the great difficulty that was en-
countered was the talk OF harmonizinl
7 the sovereignty of the States with IN
sovereignty of the Federal Government
+ In that convention, rs in the womb o
Rebekah. there was contention whicl
I did not end in the birth that succeeded
: but continued afterwards, as in the live
/ of Jacob and Esau. When the instru
ment was proposed TO the states 70
adoption, It was bitterly attacked upoi
the ground that il created a consolidated
government, which would finally DESTROY
State sovereignty. In the Virginia Con
yention of l1ss, the confession wa
wrung from Dir. Madison, the chic
architect of the structure, thai
the proposed government was partly
consolidated and partly cOnfederated
The great defect of the instrument, a.
experience has proved. consisted in not
clearly defining the remedy Of "A State
when she deemed Federal laws 20 be un
constitutional or in not clearly stating
that she would have no remedy except
an appeal TO the Supreme Court OF the
United States itself a part OF the Federal
system. and that all fOrcible opposition
TO Federal law was rebellion. In the
very first days of the new government
parties divided upon the construction OF
the constitution as affecting State rights
Ten years after It's adoption. under the
dition laws, the Kentucky legislature
under the advice of Jefferson, and the
Virginia Legislature, under the advice of
Jefferson and Madison, boldly an
n0unced the doctrine that a State had
the right 90 pass upon the constitution
alily of Federal acts, and TO refuse obe-
diencc thereto until the other States
should take the matter under cOnsidera-
ti0n. and determine formally as 90 the
validity of the Objectionable act. The
doctrine was not assentcd 10 By the leg
islaiive voice of the other States. and on
receiving their replies, Mr. Madison
wrote for the Virginia Legislature his
elaborate report of 1899. enforcing the
resolutions of the previous session,
which report thereafter constituted the
shibboleth of the States rights party.
The struggle continued with incoasing
eamestncss, Chief-Justice John Marshall
In his opinions delivered in the Supreme
Court. being the ablest advocate of the
Federal view
Anothor great source of irritation be-
tween the northern and southern States
i'm the latter of whiT rights
view was most preyaleh.. lSJ'h
laws of Congress They were inS,./
the protection of northern manufacto-
ries. and bore heavily upon the South,
whose occupation was almost entirely
planting The tariff act of 1s2s. amended
IN 1852. was considered the most ObieC.
tiOnahle of ans which had been enacted.
The State of South Carolina determined
TO resist It's execution within her bounds.
The Legislature called convention
which passed am ordinance for arrcsting
the execution of the tariff within the
State, and took steps towards forcible re-
sstance
In the meantime Robert I Hayne, one
of her United state. Senators. delivered
a speech in the Senate defending the
right OF his State 10 take this course,
basing his conclusion on the promise
that the Constitution was compact be-
tween sovereign States Webster re-
piled in that magnificent oration, which
IS considered the supreme effort Of his
life Hayne was discounted, and was
Withdrawn from the Senate by his cleo
ton rs governor of his State i'm order
that Calhoun might take his place, and
meet the giant OF the North Mr. Cal
hOun resigned his Office as Nice-Prcsi-
dent of the United States 90 carry out
the arrangement lie took his seat
in December. 1882, short time
after President Jackson- procama-
ton threatening 10 use force against
the state of South Carolina in the eXecu-
ton of the tariff In February 1898,
Calhoun delivered in the Senate a mag
nilicent speech, attacking the Presidents
proclamation Webster replied, and Cal
houn reioned on the 26th February,
1898 In a speech which is considered the
greatest ever delivered by him, 20 which
Webster did not attempt a reply. Mr.
CLAY then came forward with a COM
promise bill, providing for gradual re-
duction OF the tarin during ten years,
leaving il afterwards upon a revenue
basis The State of Virginia now stepped
forth as q peacemaker She sent one Of
her most distinguished citizens, Benja-
man " atkins Leigh, As a special commits
siOner to South Carolina. Another CON
vention of that State was called, and
through the influence eXerted by Mr.
Leigh the ordinance OF the previous year
was repealed and Dir Clay > bill accepted
AS a settlement
IL was during This exciting period and
upon the appearance ot President Jack.
sons elaborate proclamation, that the
Hon Littleton Waller Tazewell contri-
buted a series of articles 90 the Norfolk
and Portsmouth Hr0M' reviewing that
proclamation These articles have been
reprinted by his daughters in the volume
before us. They are invaluable % every
student Of our political history, for not.
withstanding the fact that Madison and
d Calhoun have advocated the same con
structiOn OF our government, no reader
will rise from the perusal of this volume
without being impressed with the fact
that the argument of Mr. TaLewell is the
equal OF any ever delivered ON the ques-
tiOns involved lie argues with great
ability that sovereignty rests in no form
OF government, State or Federal, but
resides in the people, and from this
premise he draws the conclusion that the
people are superior 10 their government
and can resume the rights delegated
thereto whenever they deem it proper 10
do 30. lie urges with great power that
the Federal Constitution is but a cove
nant between sovereign States, and that
each party to the covenant has right "a
decide upon its infractiOn IL is not my
design 70 enter upon this argument
either for the purpose Of approving il OF
pointing out its fallacy The flame which
was smothered in 1853 broke out afresi
In 1861, and was quenched in the ocean
of blood which deluged our Southern
land. The most gigantic civil wal
which the world has ever seer
has settled forever the construc
ton of the Federal Constitution against
the views so ably advocated by Mr. Taze
well and others As a part of the history
of the past however, this little vOlum,
OF ll2 pages is invaluable Especially d
il valuable in justifying u generation
10 come, the grounds upon which th'
Southern people entered into the con
D.. i.