The Washington herald., 1909-03-21

in the State both were equally opposed
10 protection. but their differences related
70 the manner OF overcoming it. The one
believed In notification and the other did
not
When South Carolina ratified the COnsti-
tuition she did so without any reservation,
ike most OF the States. But Virginia and
New York did not Virginia expressly re-
served the right 10 withdraw from the
Union whenever things did not go 70 suit
her, stating in her act OF ratification that
the powers granted in the Constitution.
being derived from the people. may be
resumed by them whenever the same
shall be perverted 10 their injury or Op-
preston. New York had taken the same
position. stating that "the powers OF gov
ernmeat may be resumed By the people
whenever il shall become necessary TO
their happiness South Carolina assumed
this right as much as II il had been an
essential condition OF ratification. as with
Virginia and New York.
The doctrine OF the unconstituuonaIty
Of protection was at the bottom Of the
nullihcation proceedings in South Caro-
lima All that the nullifers asked was
that the matter should be put into such
shape that IL could Be carried 10 the Su-
preme Court, asserting that they would
abide By fits decision To that end they
wanted protect;onlsts 20 insert in the pre-
amble OF the act Of 12S the Identical
words OF the preamble OF the tariff Of 17ss.
which specifically stated that the law was
for the encouragement OF manufactures
1 II this request had been granted the mat
ter could have been finally determined IN
the supreme Court But the protection
lists would not risk such proceeding
Whether their opposition sprung from a
fear that a majority Of the court were
free traders or whatever their motives for
denying the motion FOR an adjudication of
the question. the fact remains that they
refused 20 put the matter IN shape 20 De
taken 10 the Supreme Court South Caro-
I lima then sought 20 have the question Of
cOnSurUuOuality tested IN another way
I To refused 10 satisfy bonds that had been
given 70 secure duties pleading no con-
sideration" FOR taxes levied Even on this
+ plea Il could not Eet the case in court.
I Taking the view thar IL was being denied
| the constitutional right 70 have the con
stituJionality Of measure determined.
I the Palmetto State concluded that the
/ only WAY 10 get what Is considered its
rights was by nUIUdcati0n.
The doctrine Of notification was first
1 enunciated IN South Carolina in IS7 AZ a
public banquet and Il continued 20 spread
I thereafter. Later its legislature adopted
I a resolution saying that Congress had
/ transcended its constitutional power. and
/ that as a body of equal standing with the
/ Congress OF the United States the South
I Carolina legislature must sound a warn
\ ing and a protest fl a way thar should
/ not be misunderstood
/ From the south Carolina viewpoint the
/ act % 1S32 was as bad as the tarih abomi-
/ nations OF course, il had lowered many
duties. but there Uas not the abatement
+ of jot or a little Of the protection prin-
ciple. Refused the means to get the mat
( ter into court, the South Carolina Iegis-
I laIUre passed the notification act As
I sertion was made in this act that the tar
/ IN laws OF 1S2S and lS31 were unc0nStitu-
tiOnal and therefore null and void so far
/ as the State. its officers. and its citizens
7 were concerned The act prohibited the
& collection OF tariff duties within the con-
+ fines OF the State after February I. 1888.
and cut OF all appeals 10 the courts
/ hereunder All officers and jurors We're
( required 10 take the oath 10 abide by
/ this provision. and goods seized by the
I customs officials were 70 be replevined by
State officers
AS this happend after the passage OF
I the act Of lSS2. II is necessary TO 80 back
I 10 that measure and follow its course
( through Congress. Conditions threaten
/ ing the very existence or protection ap-
I peared soon after the tariff abomiuatio
/ went into effect. The proteCtionists saw
! that heroic action was necessary 10 save
/ the day. The following year they sought
/ 20 eliminate the denominations Of the
1 act Of ISIS and thus close the whole mat
( ter. but their effort failed. Il served
+ only 10 reopen the entire question There
I were some minor changes made By the
/ Twenty-frst Congress, but the whole stu
alton was gone into again in 1S32 John
\ Quincy Adams, who was succeeded by
/ Jackson as President, was now in the
l House and chairman Of the Committee on
/ Ways and Means The administration Of
Z fered a tariff programme in the form Of a
/ report from the Secretary Of the Treas
I ury- A free trade bill was offered by the
I Ways and Means Committee The ad-
: ministration bill proposed 70 reduce the
/ average rate Of duty from a per cent TO
p per cent. Neither measure could rally
/ enough support 10 pass il In this ex-
| tremity John Quincy Adams was called
/ upon TO prepare a measure. His bill cor
I reCted the denominations" OF the rarifr
OF 1S2S, and was one providing moderate
protection" It passed the House BY a
majority OF two 70 one.
But while proceedings IN the House
were being carried forward the Senate
was UsUTping the power OF the House.
/ granted specifically by the Constitution.
TO originate all revenue measures. Henry
/ Clay had introduced a resolution abrogat-
/ ing all nOncompetitive duties except those
on wines and silk. Senator Hayne. OF
South Carolina. offered another resolu-
. ton providing that all duties should final
. ly be brought down 20 the average duty
! There was long and Proftless fight in
the Senate. resulting in the rejection Of
both propositions
/ On the whole the Senate amended the
bin upward. much 10 the satisfaction Of
/ the protectlonists. and II was finally
/ passed by a two 70 one vote. But when
/ the bill went TO conference il struck a
parliamentary snag Of an unexpected na-
tUre which served 10 deprive the protec-
/ tionists OF much Of the fruits Of their vic
tory in the Senate. The President pro
I tempore Of the Senate. Mr.. farewell of
4 Virginia. appointed as the Senate confer
ees on the disagreeing votes Of the two
/ Houses Senator's wilkins. Dickers0n. and