Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-07-10
Iirht for the Chicago Tribune.

TO he Editor Of tie D,spa'ct;
The notification debate must be forgot
ten if Mr.. Calhoun or any one else is sup
posed TO have been 50 deficient ia common
sense as To have cOhtcnded that any law
or any action in pursuance Of the Consti-
tuition was not entitled 10 implicit ODE
dicnce. His contention was that protec-.
tion was not IN pursuance but III fraud OF
the Constitution. If one act Of Congress
had levied duty Of 20 per cent. or any
other percentage for revenue, and another
act of Congress lad levied per cent. or
any other percentage for protection, and
the latter act had been decided by the
Supreme Court 10 be IN pursuance
Of the Constitution. he did not claim
for South Carolina right 10 revise
or 20 murmur M the decision. no
position OF MIR. HAYNES was that II the
States which elected the Federal auihori-
ties. with the power IN their hands 10 SUB
NIT a question Of constitutional right 10
the constitutional arbitcr refused TO do so,
then they stood on their original antl-con-
stitutioual sovereignty. and the other
States had the same claim to ante-constiiu-
tional sovereignty, the amendment power
ora convention being then the constltu-
tional arhitcrs. This position was either
TOO silly 10 need refutation or too strong 10
admit of It, and a. the debate turned upon
other points was scarcely II at All consider
ed The summing up OF Livingston was
l. The States have agreed that the dcci-
eions of the Supreme Court Oh all subjects
within its jurisdiction shall neither be re-
sisted nor impeded in their force or effects,
and If q statute Of the United States Is de-
cided bv IL 10 be constitutional, no matter
how oppressive it be. and. in the opinion of
State. unconstitutional, IT must be sub
mitted to unless people choose 70 resort
10 the natural right OF every people TO re-
sist oppression. "
2. ii an act be one of the few which by
its operation cannot be submitted 10 the
Supreme Court. and be one that in the
opinion of q State will Justify the risk OF
a Withdrawal from the Union. that extreme
remedy NAV at once be resOrted 10.
3. In both cases the right Of resistance
can only he justified on the supposltlon
that the Constitution has been broken and
the State absoived from its obligation and
is subject to the penalties OF unsuccessful
resistance to an established power.
4. That veto by State and cOTela-
tive OBLIGATION of the ederal Government
TO refrain from the exercise Ofthe disputed
power until settled by an amendment or a
convention are not TO be found In the Con-
s+itution. nor we're intended 10 be there,
nor were contemplated by the resolutions
OF 1898.
3 The claim that the Constitution is the
will of a people in the aggregate must re-
suit in a change of the nature OF the gov
ernmcn< if admitted III civil dlssension, II
opposed. and Is not warranted 10y facts.
The ARGUMENT of Mr.. Webster was perfect
lv conclusive or utterly inconclusive, &C
cording as his premises were or were not
facts. If he then believed them to be
facts be must have changed his mind when
he said Gas is reported years after: mere
is the bargain; let 1t stand" There are
some propositions which are selt-eyldent
in this connection.
/. One human being has no rights over
another human being except rs conse-
| quences of agreement or consequences 81
conquest.
2. If rights are claimed under agreement
there must be an arbiter, or a dispute upon
| the effect of the agreement leaves the par
ties 10 If as before it.
8. Without an arbiter there can be
neither right nor wrong visible to the
parties, the law of right being by the con.
/ stitution of the intellect. Do as You would
| be done 10y has 20 be applied by another
| than one of the parties.
4. When an arbiter has been chosen the
one of the parties who refuses 20 submit a
/ question to him or to abide his decl-
/ sion Is an aggressor.
/ We. of the southern States, upon the
/ authority Of the Declaration Of lndepen-
| dence. upon the debates in the Federal
| Convention and the ratifying conventions,
upon constitution which divided a Union
and upon the necessity of penalty TO q
/ law, believe that State could secede
/ without injustice. if her sister States and
/ she could not agree as To- the duty they
! owed TO each other. Such was once the
American doctrine. We neither kick
against the pricks, nor cry over spilled
milk. nor care 10 prove that we were II
the right unless some one throws in oul
! faces TINT We were in the wrong.