The Montgomery advertiser., 1905-12-17

for postponemcnt and thirty-four in the negative. A motion to table the resolutions was then lost. Finally a motion to refer them to a select com mittee was carried by the narrow mar gin of thirty-six to thirty-three. and they died in the hands of the commit tee; for the press and the people had so unmistakably approved the com promise offered by MT. Key and ap- proved by Governor Gayle that the se- lect committee had no occasion to make q report.
 Criticisms of the Press.
 It should be noted in passing that while Governor Gayle's reelection without opposition. in 1883. was q prac- tical endorsement of his attitude in the Creek controversy there were not lacking men and journals of influence in the State that steadily upheld the Federal administration original pol icy of removal The Mobile Register, especially, twitted the governor for what it considered his inconsistency in condemning nullification In South Carolina and virtually becoming the champion of the Alabama variety. Tn his message to the legislature which convened on the 5th of Decem- Der, ISS2, Governor Gayle had said: If it shall be considered as the true constitutional doctrine that a State can remain a member of the Union. and at the same time place her citizens be- yond the reach of it's laws, ours will not be the shadow of government, and for all practical purposes 1t will be dissolved% = As sure as it shall succeed, it's triumphs will be stained with fraternal blood, and the proudest of It's trophies will be the destruction of constitutional liberty. On the other hand, his second iaugur- al address in December, 1883, denounc- ed the orders for removal by the Fed cral government in the strongest torms-as an attempt to suppress by military force the government of the State in eight of it's counties and to establish. in effect, military tribunals as substitutes for the civil courts. Commenting on this inaugural. The Register of December 6 1893 said And yet. his excellency. not long be- fore. took occasion to denounce nulli- lication in good set terms: perhaps he has a prejudice against the phrase: it may be that he thinketh 1t unpopu- lar. or that a rose by any other name would smell as sweet"
 But to the mind of Governor Gayle and of his supporters there was dis tinct difference between the attitude of South Carolina in nullifying a tar if law and of Alabama in insisting upon neT JuTlSulCtlNS IiBAts WiNHIi her acknowledged boundaries. The Federal government in passing a tariff law. however unwise or unjust. was keeping strictly within the letter of the constitution which gives to Congress, in express terms. the power ito lay and collect taxes, duties, imports. and excises." But when the Federal gov ernment undertook to prevent the State from enforcing it's civil and criminal Jurisdiction within it's ac- knowledged boundaries by removing court officials and other agencies for the enforcement of the law in counties which had been erected virtually by the sanction of the Federal govern ment itself, this was plainIy withhold ing from the State rights which mad been reserved to it under the Consti- tuition, and; in the eyes of Governor Gayle. destructive of the form of gov