Farmers' Gazette, 1844-09-24

I 1. In the first place, all laws mu?l be passed I by a majority of bulb houses of Congress, onn ] house composed of members elected by the State legislatures, and the other of members chosen by popular vote in the several States; a!! these mem. hers, of course, possessing the confidence of their | constituents, accountable to them, soon to retard ; to a political equality with the rest of the peoplo and always themselves subject to the laws wl<c*t they enact; whilst each house is perfe<'Iv pendent of tho other and a check upon it. 2. In the second place, if a majority, first of one house and then of the other, should by corruption and perjury, or through error, paes a bill abusing or usurping power, a check is provided in Ilia President, chosen by popular voto of the wliolo country, to serve for a brief period, after which ha loo returns into tho mas9 of the people. If he send back the bill, with his objections, ih<n. 3. In the third pi me, it must pis* by a nnjor. ity of two thirds of each house beforo it can become a law. 4. And in the foarth place, if two.thirds of. each house of Congress, or the President and a majority of each house, violate their oaths and tho confidence reposed in tlicrti, by usurping or abusing ? power, in pissing laws to operate up??n themselves as well as their constituents, there is still another check provided in the judiciary. The humblest individual in the land upon whom a law is brought to bear, if he doubts the constitution il power of Congress to enact such law, has a right to make the question before the Judicial tribunals of the land, and carry it up to tho Supreme Court of the United States. Here especially if it is a ques. lion of importance, it will be disr ussed, on both sides, by some of the ablest lawyers in tho coun. try, and will then, aflor mature deliberation, he decided on oatli by men selected for their wisdom, integrity, patriotism, and legal knowledge, to decide such and similar questions. With these securities against usurpation the States wereSatisfied when they adopted the Constitution, and they provided no other, unless tho right reserved by tliein to amend that instrument in the way pre. , scribed by itself, be deemed an exception. When those who adopted ihe Constitution aro not sitis. tied with the cxerrisc of powers under it, they can change their representatives at the next elections. If notwithstanding all these checks, powers are exercised whi-'h, in their opinion were not g'antcd, the remedy which tlmy " contemplated'' and provided,is to declare authoiitaiivHy by an amend, ment to the Constitution that su-h |*>wcr shall not be exercised. But if only one of the parties, HQH or too small a number to change the Constitution

remaining twenty-five parts; especially ss it is not even pretended that the arti'dos of ag'cement contain any stipulation to that effect. A reference to the Constitution will *-h' W tint the postulate of " IVc Dec," in the first of the | above (violations, viz : " There being no emmon arbiter,'' is incorrect, and t!r*t his -? oo-'o. late, in the second quotation, viz : " There rtms't J have liecn an arbiter contemplated somewhere," is | correct, The following is the language of the ; Constitution, (Art. III., Sec. 0, Clause 1.) { " The Judicial power shall extend to all cases in ' law and equity, arising under this Constitution, the laws of the United States, tfrc." When this " arbiter," or judge of the last resort, appointed by the parties to the constitutional compact to dc- ' terminec/^ eases arising under this compact, dc- j cides a power to have heen grunted 111 tlic articles , of agreement, it is technically there, and its exer. | eisc if according to the provisions of the Consti. 1 tut ton, whatever to the contrary may he the opin- i ion of individual parlies to the compart. Any J other doctrine would not only be contrary to the express terms of the Constitution, but if carried j into practice, would also bo anurchcia! and render the administration of the Government impracticable. If a dozen or more men firm a partnership, with written article# of agreement, one of which names an arbiter or tribunal to decide and settle ail confr -versicR arising under the articles, the dccisi n of this tribunal is conclusive and binding on all the parties, even when it is against the opinion of the majority, or of all except one ; and much more is it so, when it is against the opinion t.f nrdy a minority, or an individual party. Qlh. crwiso the arbiter is no arbiter, and his appoint, nirnt is worse than vain. The certain knowledge of an individual party that the interpretation put upon the language in which the articles of agreement aro expressed, is altogether ditFrcnt from his meaning and intention in acceding to them, does not Hlter the ease. It shows only thai he I was not careful enough at the beginning, in the selection of his words or his arbiter, or in seeing (hat the words were understood in the same6mse by himself and the other parties. When a party enters into a written agreement, the language is to l?e interpreted by, and to govern others us well as

I of "others living in various and remote parts of j j the Congressional District," thus commencing the j | race with the ballot box in his own hands. It j I was necessary for him, also, in declaring "the j j obvious cause" of those numerous applications" in j I this way, to hint that the same cause brought over j j a large and respectable body of voters to his side ; j j for it cannot he denied that he looks mainly to j .Mr. Campbell's party for support. And lastly, it | was necessary, in ord^r that the reader should lay j j down the exposition with an idea of hi:- popularity, and to "clap the climax" with the " argwnentunt ni hominum,"?lo hint that himself and Mr. I Calhoun agree precisely on a certain question of j threat moment to the State. Ti ere i?, by the way, something rather unintel. j ligib'c in the manner in which Mr. S throws out j j this last suggestion, lie " understands this from j some editorial remarks in tire South Carolinian." j i Is Prmberton the mouth piece otthegreat ? The j | amount of it is, he "understands'' that the editor of the Carolinian supposer, that it is the opinion of ; Mr Calhoun, that "our relief is in the ascendancy | of the Democratic party," and such is Mr. Sims' opinion also. In sifting his opinions, however, I will take the order in which he has arranged them. Fie of course leaves us to conclude, by his silence, that ; lie stands committed, with Ccn. M'Quef.n, in " public speeches," ?r in signing reports as Chairman of public meetings, for the " immediate'' annexation of Texas. We will see how this coin, eides with his opinion that nil action should he delayed until the close of the present national canvass, and with his opinion of the result of the whole upon Mr. Clay's election. In reference, then, to "the plan he proposes,'' for the " consummation" of immediate annexation, heretics upon "future negotiation;" sueh " ncgociation" as can be decently, " hopefully," "safe. Iv" and "sitrocmfiillv"offered onlv bv "Mr. Polk

taking price?such as loss ot real anu prrs->na.i j estate?an ubolition crusade against e! ivory ? civil discord and intestine wars, and even the (lis- ; incmbennent of the Union?no f cling is inani. (Vstcd, hut simply an indifferent is express, od that "Texas will be lost." No unuawileffort j is to be made, but an uncertain reliance is to be j placed upon the very doubtful chance of the sue. j cess of the Democratic party. At this juncture, 1 ivc expected to have heard the beatings of an in. ! suited and indignant heart, and ftp the cbullitions of warm Southern feelings. Hut instead, we i find him making every effort to lead tho people j off from the true i^suo, to that of the minor consideration of President making. To smooth over the whole affair, however, and . in order that he might, with some complacency, j look up in the fare of a pure high toned SouMirrn ^Democrat, nftcr condemning the remaining plan named in the interrogatories, " avoiding sectional I appearances and steering clear of segregating tendencies," and surrorfsting a " concentrating co" . I operating" measure of iiis own, which, in the nature "f the ease would defeat itself?rlso why was not a ratification of the treaty obtained by consent of the States when represented in Con- , grcss,?he conies out with one single additional . 1 observation?that we s'nuld look to unusual ! means, after all the rcgul ir and ordinary bad hopelessly failed. Tins opinion, too, is " thought- ! fuKv crrertaincd and candidly rnrnnurucated,1 in the faee of the one lie had just expressed, of the probable loss of Texas, and of the impropriety of ever " renewing the nrgociations" in cane .Mr. Clay should be elected. To rceapitul tte, then, we find Mr. Sims, in It's plan for iuirrferliitc annexation, recommending 1 future negotiations, which are to take place at a time which it is doubtful will ever arrive?the election of the Democratic President. We find him, at the same time, condemning a!! resistance ' or Southern action, as inefficient and unlawful, , and vet advising us to resort to unu-ual means

President, who are now before the people, with a free good will. Mr. Clay has long been rcpre sentcd as an honorable man, who would not wilfully saerifiee the interests of his country for persona! aggrandizement, or for party advancement But I object to him, because lie advocates, as I think, an unjust Tariff; one which injures onesc"c;i<>n of the country, for the bent fit of another1', .Mr. Poi.k has been brought before the people somewhat suddenly, I knew of hiin in Gen. Jackson's administration, as Speaker in Congress* fie was represented by those opposed to^K administration as acting very partially in th<^ppointmcn?^of committees ; particularly in the one raised for the purposo of examining info the allcdged malpractice of some of the officers, friends of the administration. He has hern in comparative obscurity Since, and I think it vcrv strange, that thcConvention which nominated him. should have pas^-d hy Mr. Calhoun, ami a host of others, who have characters of their own, and scti'cd upon one, whose reputation is mostly borrowed from Gen. Jackson and Mr. Van Burrn. I cannot make up my mind fully about this matter, until this mysterious nomination is better explained. As to the tenure of the Judges, I am willing to h'd'l on as we are, until I see better the pro. priety of changing. AH agree in the nccs. sity of an aide and independent judiciary. P?v the present law, an incompetent or unfaithful Judge may he and has bren removed. It would be a reflection on our Legislature to say that sympathy or any other cause would hinder the members in future to discharge their duly a? faithfully, as the former members have done. Putting out of the question the propriety of turning men out of office, who have given their best days to the service of the State, it well may he doubted whether justice would he better administered by the proposed change; for who has not seen, that much tiuieis wasted on the first circuit of a new Judge, before it be determined who shall rule the tl?n I wlrr/a nf llio f.n tt'TT'C

in me V? I'll rid I viniriinii< in, ? - j rights. Amongst those given up, is the right 4e levy direct taxes, end the exclusive right to levy j duties on foreign goods. It is true, that I advo- j rated Nullification in 1832, but did not claim i from the Constitution the right tn Nullify. belioved it an original right, being tlie same which J iny F.thcr claimed, when he joined the rebellion against the unmst taxes of the British Govern- j inent. Those who Nullifu d in 1832. had hopes' that South Carolina would have been more unani- j mous than she proved to be; and also expected j to have been joined by some of tho neighboring Slates. She being disappointed in these rcaeonable hopes, was obliged to submit to a compromise, j which is now set aside bv a majority in Congress. J At this time, the Stqto is more divided in opinion, and the adjoining States are more disposed to favor the .Manufacturing interest than formerly; so fh at I see no hopes from Nunification. 1 believe a Southern Convention, authorized by the Stat ? to tnakc a Treaty, is UMco"s'itutinnal, and should not be adopted until we are determined to h.-ar oppression no longer. One cr more St tea have | not a rigbt, according to th- Cons'itutioojo secede from the Union, without the eons. <>t of the oilier j States. The Government of the Unit'd States is : in its nature two.foid : it is Federal, for the pur. j p-:se of protecting our liberties, allowing cadi j State a right to make laws suited to its peculiar i prejudices and different customs; and Consul: iated, j for the purpose of strength to support its. If again-t foreign powers and intern ?l commotions. To prove that it is consolidaterl, no furth* r evidence is needed, tlian that it has the power to levy and j collect tax's throughout the country, which power was partially exercised during the hat war with J England, dnr State compromising fur the tax on land by paying our quota in advance. The right ' * - * - ? * J I T 4 |

of Mr. S.'s decided stand on tlie 44 Jefferfionian I Resolutions*'of'12, and the active and conspieu j ou> part he played at the Darlington meeting which I took into consideration the Texas question. But i I must candidly confess, (and in doing this I only j presume upon the right of a voter to form an opin ion and express it,) that I was disappointed in the object which was expressed and implied ; the character, which is confused and ratlur contra dictory, and the principles of the communication, which arc comiaito.non-coinmiial, if I may so express myself, and anti-Carolinian ; rhyming with the 44 fairy.like music" of the 44 Mermaid," as j taught in the school of 44 Jupiter Catawampus," j the great44 Ah Him !" Accordingly, I find theexpreps object of Mr. S j j is to make known his viows upon certain questions j i put to his 44 competitor;" while, at the same time, . I can plainly discover an electioneering design j running through the whole communication. I i would not censure him for employing any honest j means to acquire his object?this he has a ; perfect right t> do, and no onf Carr^hj^et to it? but it should be our constant aim to keep out of j view these little means and schemes. All of us 1 resort to sinister <.anse9 to secure the desired eswlt, yet nothing tends so much to arousa suspicion, disclose our weakness, and thus defeat our object, as being detected in the use of thepe artifices, such as assumed confidence, pretended similarity of sympathies, &c. When the hook is thus clmnj sily halted, he indeed must be u. gudgeon that will I be caught upon it. I | It was necessary, therefore, for Mr. Sims to J assure us that" numerous applications wore made" ; 'n him, not only by his ,4 neighbors,'1 hut crowds :

areof opinion the power is not granted, what then? The only alternatives arc acquiescence or rebellion. This is a principle which lien at the foundation of all Republican Governments. Majorities must HH govern and minorities must submit, with the pro. HH tection of such constitutional restrictions as can H he laid upon the majorities. If you give up this fffl principle, there is no point at which you can stop 19 short of absolute anarchy, in which every man M| docs as lie pleases so far as he has the physical H power, and might gives right. fl When civilized communities form Governments, B they provide for the peaceable settlement of all B controversies which can arise among themselves. fl The law or power of Government operating di- | re-tly on individuals it is peaceably enforced upon 9 them in spite of any nnd all opposition or resist. | ance which they can mike. In(rMtinof corn. 1 rnrrec, amity or allianco the rase is different. j Wiicn the parties to a treaty differ and quarrel, ' beeause the treaty operates not upon individual* but upon communities, and obedience is to be rendered to it by communities in their collective and organic capacity, it can he enforced against the will of tho recussant party only by war, the ultu ma ratio regtirn. Now is the Constitution of tho United States a treaty of alliance, or is it a form of Government ? It would seem superfluous to discuss this point,?-one which is made so plain by the language and numerous provisions of the Constitution itself, as well us by the operations of the Government from the time of its establishincut. Yet the Nullification theory is base upon the assumption that the Constitution is in fact only a treaty, or mere articles of treaty compact