The Republican. [volume] (Oakland, Md.) 1877-current, 1910-03-31

to the Federal Constitution is unconsti-
tutional is at the bottom of the move
ment to eradicate the negro as a voting
factor.
All that the nullifiers asked was that
the matter should be put into such
shape that it could be carried to the
Supreme Court, asserting that they
would abide by its decision. Maryland
Democrats are seeking the same result.
To that end South Caroline wanted pro-
tectionists to insert in the preamble of
the act of 1923 the identical words of
the preamble of the tariff of 1889 which
specifically stated that the law was for
the encouragement of manufacturers.
If this request had been granted the
matter could have been finally deter
mined in the Supreme Court. But the
protectionists would not risk such a pro-
ceeding. Whether their opposition
sprang from a fear that a majority of
the court were free traders, or what
ever their motives for denying mo-
ton for an adjudication of the question,
the fact remains that they refused to
put the matter in shape to be taken to
the Supreme Court. South Carolina
then sought to have the question of
consututionality tested in another way
1t refused to satisfy bonds that had
been given to secure duties. pleading
mo consideration for taxes levied
Even on this plea it could not get the
case IN court. Taking the view that it
was being denied the constitutional
light to have the constitutionality of a
measure determined, the Palmetto
State concluded that the only way to
get what it considered its rights was
by notification.
The doctrine of notification was first
enunciated IN South Carolina in 1927 at
a public banquet, and it continued to
spread thereafter. Later the legisla
ture adopted a resolution, saying that
Congress had transcribed its Constitu-
tional power and tnat as body of
equal standing with the Congress of the
United State, the South Carolina legis-
lature must sound a warning and a pro-
test in a way that should not be misun-
derstood
From the South Carolina viewpoint,
the act of 1882 was as bad as the tariff
of denominations OF course it had low
cred many duties, but there was not
the abatement of a jot or a titte of the
protection principle. Refused t h e
means to get the matter into court, the
South Carolina legislature passed the
Notification Act Assertion was made
in this act that the tariff laws Of 1928
and 1892 were unconstitutional and
therefore null and void so far as the
state, its officers and its citizens were
concerned. The act prohibited the col
lection of tariff duties within the con-
fines of the state after February /,
1888, and cut off all appeals to the
coults hereunder. All officers and
jurors were required to take the oath to
abide by this provision, and goods seized
by the customs officials were to be re-
pleyined by state officers.
When South Carolina proceeded to
pass her Notification Act President
Andrew Jackson threatened to do sew
eral and sundry things of serious i'm
port, including the hanging of John c.
Calhoun, if notification were persisted
in, but at the same time gave assurance
to do what was just and right. John c.
Calhoun resigned from the vice preSi-
dency in order to get vote in the very
body over which he was presiding, anC
Hayne left the Senate in order to be-
come governor of his state. Acting in
thorough accord they made the best
possible showing for their cause. Henry
Clay was up in arms against South
Carolina. That state was so angereC
by the action of Congress that it threw
its electoral vote away in 1888 rather
than permit it to be cast for Jackson.
The next session of Congress met anC
everywhere there was an attitude OF
Cancellation. This attitude was met ir
like spirit by South Carolina and the
incident was soon closed,
South Carolina lost so far as being
able to maintain her doctrine was con.
,,rral