Newspaper Page Text
nv»n i* arraigned for executing tho laws of his’ lot it auffice for me to remind you of the clo-
roun'ry, in opposition to I he edict of Nullifies- sing advire of our venerable Washington,
lion, be is not only to be deprived of ell the “ Interwoven as is the love of liberty uutli
„. u „| rights of persons accused, in the sclec- every ligament of your Hearts, no re.cornmrn-
lion of Ihe jury, but is to be put on a mock dation of mine i* necessary to fortify or con-
Inal before a Court and jury who are •worn firm the attachment.”
beforehand to convict hint!' If tho Legists- “The unify ol goviirnment which eonstilul
I to the people of South luroiina a course
TllA e<\Tatli.oi a IS Rlllinei** conduct, in diroet violation of their duty 09
me gowmci II » L, MM ..film United Sitw, con.hiry to the
SATGKDAV alioE303£» 22,1C32. i laws of their country, subversive of its const,.
gATUaOAY, > : tuiion, anil having lor us object the dextrin:-
it!
To Cfrreqiotf.Utili---Th c lettcrfrom
orn-^jMiiident has H*'cn unavoidably
: Hiayiilenl’a Pns’lainnion ; ■■ is also the olat
--Q«K>
tore make it penal to require or execute a re- you one people, is also now dear In ><ni.
venue bond, and the Collector of Charles'on, i- justlv so. for it is a main pillar in tin* eel
1 .r performing hia sworn duty to the United tire of your real independence; the support, ^ , Vo , im , _ TI|( , „ f frenrescnlatire
S'vte*. be arraigned for trial before a S'alc of vonr tranquillity at home,vour peuro abroad; |l4vf „„ or ' t H ir ,,. tins the sale of all the puldi
tnh-mal he will not have the privilege, exicn- of vour safety ; of your prosperity; of that very bands, »»,l the promcl. to ha distributed
.led to the thief and the murderer, of contest- liberty which von so higl.lv prize. Hut as itj eot..
.be validitv of the law under which lie is in- is easy In foresee, thnt from different cituaea ( £
dieted; forjudge and jury are to be sworn and from different quarters, much p.iins will
beforehand to deride that qoesiirn against he taken, many artifices emploved. to weaken
him ! A* well might the Convention ordain, j in your minds llie conviction of this truth, ns
and the Legislature enact, that nny Union this is the point in your political fortress
mm who obeys the law« of his romurv shall against which llm bniieries of internal end
be hung without Judge or jury. Tins Ordi- , external enemies will he most constantly and
nance, and the act* to sustain it. will, m «ffoci,, actively, (thought often covertly and insidious,
convert all the State Court*. Judges, Jones,; ly) ilirneted ; it is of r„ii»s;il Moment that y—
Mills,Iga.ille lion of the Union—that Union, which, coeval
ivdnl out by w hh our political existence, led our fathers,
' without nuv other lies to unite them than tltoae
1 1 uotiv.i of Airs'. Jtouxliton—they will o|.jioar next week. | 0 p patriotism mid a common cause, through a
If fin* refilled to concur with tin
i Fraction*. „
Itcuolufion* calling a FcH-’ml Convention have paieon j
(lift House hy a large majority, and the Senate wioni-
111011*1
Hoc
from u
hn li.t‘
Sheriff), and all, into bands of executioners.— j should prep,-rlY e.timiilo ibe iintnen*,
Tie re will be. in fact, no trials. The accused j your National Union—to your coll
v.,11 be handed forward from the Judge to the individual happiness ; that you
of
•1 Mil
burn convicted and
ml dMfjlirtIlocation for 20 years; and the |
zi.s whu ll h«t caused folic fraudulently drawn, have
i'it, wo arc informed,replaced in the Lottery wheel.
The Senate lias refused to j-ass the bill to crJl a Con-
i lion for Ruliiclion !
I and oilier articles pre-
TV r,
t nation.—IMito
sanguinary struggle to n glorious independence
— that sacred Union, hitherto inviolate, illicit
,-,na tiin! perfected bv our happy Constitution, has
heir representative popa- i iirougllt us, t>y the favnr of (Icuten, to a stale
Senate, in n f prosperity ut hums, and high consideration
abroad, rarely, if ever, equalled in Ibe history
of nations : To preserve this bond of our po-
! Iitical existence from destruction, to maintain
ntenced to removal j inviolate this slate of national honor and
prosperity, and to justify the confidence my
fellow citizens have reposed in mo, I, An
drew Jackson, President of the United States,
have thought proper to issue this my PROC
LAMATION, staling my views of the Con
stitution and laws applicable to tho measure
J irv, and from the Jurv to the Sheriff - , with-
.►■i examination nr inquiry into the authorin'
l i which they art, the whole system being
tu-iicd d»» n by this oalh, into one single ioil-
led and inexorable drsjyotism.
Ilnwr will two-fifths of the freemen nf South
Carolina henr this proscription from all office,
th's disfr.mrhiscmen! of their dearest rights.
Ibis exposure to arbitrary punishment w ith but
a morkery of trial ? , Can they submit to it ?
Will they sec themselves exposed to fines, im
prisonment, confiscation, aad perhaps death
itself, without even n chance for an impartial
trml, and not heard the tyrannical usurpers in
ibe citadel of their power? It is impossible.
Such tyranny belongs, at this dnv, to the land
of the bowstring nnd that of tho knout. It
might be borne hy the Turk who is thrust in
to a hag nnd thrown mlo the Bosphorus, lie
knows not whv ; and the conquered Pole, in
bis despair, might submit to be llius punished
for fidelity In his country. But when V ex
pects to find ■countenance nr submission
among the high -ottled chivalry of South
Carolina, it will find Itself in on/uncongenial
clime, and seizing nt the wrong victims.
If this system of proscription mid terror shull
nssun.e the form of law. and its authors at
tempt its execution, it is not in the nature of
American freemen 'o submit In it. Violence
end anarchy will pervade the State, nnd Nulli
fication will find itself surrounded with all the
horrors of civil war without the interposition
of the (lenernl Onvernmen'.
And this fearful oath can yyerrr ft' abolished
by the Legislature ! It is imposed f»v n power
almvo that body. Kvery member, when hu
lakes bis seal, swears to obey arid execute tl
Ordinance and the laws pushed to i
A vote by tho Legislature to tl
or repeal tho laws, wthild he in
their oath of office. The svste
old clier-' P»'ed f" r ,,ur paper of to-day, wc Imvo been compelled j adopted by the Convention of South Carolina,
isli a cordial, habitual and immoveable nttarli-
! 1.. i«
y over.
nient to il, accustoming yourselves to think ,!U,t 1”'
and speak of it ns (lie palladium of your polit-I **' v ' 1 *
icnl safety and prosperity: watelting for its 'l |C " ,0, l pro "I' 11 — U | ....
1 - • ! [>.irroIJ—if clnqiouiee the most spini-stirring, ami
ako room fur the all impor-1 nn ,| |o the reasons they have put forth to bus
he President of the United Slates, j | n j n them, declaring tho course which duly
sinus the must tender and
preservafon with jealous nnxiely
n-mcing whatever may suggest even a sitspi- j
cion that it ran in any event be abandoned, and j
indignantly frowning upon the first dawning
of evetv attempt 'o alienate nuv portion ofour
country from the rest, or to enfeeble the Fa
red lies which now link together the various
parts.” WILSON LUMPKIN.
Friday, Dec 7.
Hill Reported.
To authorize the Gov -rnnr and Secretary of
Slnle to correct errors that may have tnikvn
plaee or may hereafter take place in issuing
any grant or grants in any of iliu land loller-
ics ulthis Stale.
Hill Passed.
To sell nnd dispose of dm fractional part of
Surveys in tho Cherokee Territory.
Saturday, Dec. 8.
Mr. Green notified the Senate.that after to
day ho would mnve the npppnintmem nf a
committee to prepare am] report a hill explum
ntory of an act to authorize thu inferior courts
of the several counties in this Slate to grunt
settlement roads to private individuals.
•Monday, Dec. 10.
The Bill more effectually to sccuro tho sol
vency nf all the hanking institutions in this
State, was read the 3d time and passed.
soil with intense interest. If reasoning j w j|| require inn to pursue, mid, appealing to
the understanding and patriotism of the people,
warn them of the consequences thut must in-
evitr.bly result from an observance ol tho dic
tates of the Convention.
Strict duly would require of me nothing
more than the exercise of those powers with
winnings the must friendly nnd atfeciinnnle—all cnin-
luned, ran no longer appeal successfully lo the patriot
ism of the infoimitsd people nf Sunlli Carolina—then
indeed, will the Picsidenl have lahntireil in vain, and ■
the awful eons/queac
"" l " ,m " FV01 ‘’" n " a ""- ^„ )eUnitcd j for preserving Ibe peace of the Union, and for
, I 1 a . i IIIWIC X ll'all I It v iN'-n.iuv wr IIM'-’V ...... viw .....
in su mac i epreca e», nun j u||| n0W) or , n(l y hereafter be, invested
r ilevotf*i! heads. 1 — -
HOUSE OF REPRESENTATIVES.
Thursday, JVop. 29.
The premnlile nnd Resolutions offered by
Mr. Ryan, n few days since, upon the Son'll-
nth, rrn Convention, and made the order of Ibe
datum ot 1 jiiy for jo-dav, was tnken up, ntul with mnnnd-
m. therefore, I ment, by way of an additional resolution nit
is intended to be perpetual! 'I wo. filths ol J burring Nullification, adopted by u vole of 97
the white population of South Carolina nru to j fiN.
be excluded from all offices, nr forced to per-1 The House concurred in tin* Resolution
jure themselves, deprived of ibe riglu ol trial j fiom the Senate,permitting the Commissioner/
film Gold nnd Land Lotteries, to suspend the
drawing until the examination into the alleged
bv an impartial Court and jure, or driven into
exile !
These are some of thu domestic beauties nf frauds ofthe Commissioners is completed.
Nullification ! These blessings ami this relief j
it is lo bring upon Snulli Carolina herself!]
Will Georgia, or Aluhumu. or North Carolina,
or Virginia hasten to participate in rs advanta
ges? Whv, Mr. Clay’s and Mr. Cnllioun’s
original American System, with all its mono
pnlies, injustice and oppression, is mi Angel
of light even lo the South, compared with this
demon of Discord, whieli has so lung been
advocated as a “peaceful remedy."
(5corata ZtratolatHtt - .
IN SENATE.
.Monday, Dec. 3.
A message was announced from the llousn
of Representatives, and tho committee on the
part of the House In prefer articles of impeach
tncnl, and lo manage the same on tho part of
the Stale before the high Court of Imneneh-
inent in the ease of Shadrach Uogan—appear
ed and preferred articles of impeachment
against said Bogan,—
Whereupon the Senate formed themselves
into a high court of impeachment, for the trml
nf Slindrach Bogan—Proclamation of which
was declared by the Messenger.
Tuesday, Deyr. 4.
Notices for the appointment of Committees
to prepare and rcpoit bills.
Mr. Beal!—To revtvo (he Stntittcs of forei-
bln entry nnd delniner, and declare them in
force iu this Stale.
Communications wero received from his
Excellency the Governor, informing tin: Sen
ate, that he had aasented to, nnd signed the
act to add a part of the counties nf Haher-
eham and Hall to the county of Chcrnkec,am!
to djvide the county nf Cherokee into ten
counties and to provide for the organization ol
the same—and thnt he had approved the Re
port and Resolutions upon the subject nf the
relation* of the General Government with the
Cherokee*.
H’eduesday, Dec. 5.
The following communication was received
from the Governot:
Executive Department Ga. |
.Milledgevillr, Dec. 5, 1SH2. )
At the request nf Goteri or Hamilton of
South Carolina, I herewith lav before the Gen
eral Assembly a copy of the prceeedings ofthe
late Convention of that State, which he tit*,
sites should be laid before both branches of
the Legislature of th>a Slate,
Having so recently submitted lo the Legis
lature my general views in relation to the sub
jects connected with these proceedings, I for-
besrst this lime, intruding upon tlm Legisla
ture such reflections as havo forced upon my
mind upon reading the proceedings—emana
ting us they do from one of the enlightened
Slate* of this confederacy. For the present
Fi iday, A or. 30.
Mr. -A'cal of Newton, moved lo rnednsider
ho much of the Jouriiui of yesterday ns rulaled
to die adoption of the resolutions o(Fared bv
Mr. Ryan. After an interesting debate of
several hours, tho million was lost bv a vole of
91 to 53.
Saturday Dec. 1.
Tim Bill from the Senate to compel the
Treasurer and Inferior Courts of the huveral
counties in this Slafo to receive of Tux Collec
tors, Bills of the Macon Bank in certain cases,
wus rend tho 3d tune nnd passed.
A Resolution fixing the pay of tho Electors
of the President and Vico-President at eight
dollars per day uud ullowiug four dollars lor
every twenty miles coming lo, nnd reluming
from the -Seal of Government, was agreed to.
JMonday, December 3.
Mr. Starke laid on the table a preamble uud
resolutions, proposing an amendment of lire
Federal Constiliilion, by a Federal Conven
tion, winch was rend and made thu order of the
day for Thursday next.
Mr. Pace gave notice for lho appointment
of a cummilleu to prepare and report a lull, to
authorise tho surveyor general to record the
names of all persons who may hereafter take
out grants, in u book lo be kept fur that pur
pose.
Tho bill to amend the Read laws of this
State, passed Decumbur 19, ISIS, was rejec
ted by the I louse
Several hills were rend a second time, and
ordered for Committee ofthe Whole.
'1 lie bill to provide for digesting nnd publish
ing the cuimnou law, was laid on the table for
the balance ofthe Sesxiuu.
The bill to make it a penal utFenco for any
President, Directors nr other officer of either
of the chnrlerud Banks of this Stale, in exceed
or violate the provisions of their inspeelive
charters, by fraud, mismanagement, &c. was
read ibe third timu and passed.
Tuesday, Dec. 4.
t otiitoitiees appointed to prepare and report
a bill to apportion t lie public hands amongst
the seveinl counties of this Stale, and lo place
them under the charge ol (lie Inferior Court ol
said counties.
The Hnusetook up the amendments ofScn-
nlo to the Bill for the relief nf tlm Orphans of
Win. Bond &c. and to require the gold uud
land lottery Commissioners and Clerks to take
and subscribe an o ith and to require the Com
missioner* to give bond and security before
they enter upon the dunes of their appoint
ment, amended the same, and directed the
Clerk lo carry it forthwith lo the Senate.
The Bill lo amend the first section of nn act,
to regulate the licensing of Physicians, in this
State, pasted 24th December, 1825, was read
the 3d time and rejected by the House.
He ssyp,emphatically, that the “ laws
State* mifst be ciitf iitpil”—that li« bin “no discre
tional? power*on lh« Hiibjrrt,” nnd tlint bis “duty ia
••inp'm ically pronounced bv the Constitution.”
• *——
' \T_ j* The ‘2<1 Srwioti of the 22.1 Congress of Ibe IT.
State*, convened at Wnshiopton City on the 3d inet.
The election of the lion. Ilucli L. White, of Tcnneg-
son, Pret-hklit of the Senate, pro tempore, is the only
irnpmtanf'cvent, indicating «» it does the strength of
the Administration in that body, that has as vet trans*
pir. dk TJic President has returned to the House the
bill wfifrli urn* passed at the last Session, entitled “an
act fyV * njro ve n i e n t of certain harbours and the nav-
i!. , tt*judhof i ci4r,f'Tio rivers,” with his reasons for refusing
lo *igh it.* The repot is of the Secretaries of the Trea
sury, i.rWV, of the Navy, and the Post Master Gener
al, bpvc licen laid before Congress—all of which,
through the kindness of our fiicnds at Washington,
have been received at this ollice. We will endeavor
hereafter to give s«»me extracts from them, if our limits
will admit. So soon as tho proceedings of Congress
assume an interesting character, they shall be pre-
sfciittd before onr readers.
c.ofboiiin Carolina, tins neon. .... - - . •
m duties of Governor of that | J ,,8l,| y ,l;,s abrogation a «nust be pal- existence on the local interest, the party spirit
h ai been elected Uniti'd I |*®l*ly contnifv to tho Constitution; but it is nf a Stale or of a prevailing faction in a Stale?
j=> (ten. R. Y. I Inyr,
elected, and entered on the
State, and John C. r’alliomi
States 1 senior in his stead.
Mr. Hives, of Virginia, has been fleeted United
States 1 Senator, in the place of Mr. Tazewell, resigned.
Great Robbery.—Tho Bank of South Carolina, nt
Charleston, waaroiibcd
of nearly nil its funds; 5150,000. nil of which were
bills of the Bank, it wa« ascertained were missing, nnd
the investigation not completed. The Batik fins offer
ed a reward of $5000 fur I lie money, and 51000 for the
thief.
—QiG/>—
PKOULAUATIO.V,
By Andrew Jackson,
.PRESIDENT OF THE UNITED STATES.
Whereas a Convention assembled in the
Stale oFSoutli Cnrnlmn, have passed nn Ord.-
nam e, by which they declare “ That the sev
eral acts and purl* of acts of tho Congress nf
ihii United Slates, purporting to bo laws far
the imposing nf duties nnd imposts nn tho itn-
pnriniiott of foreign commodities, »nd now hav-
ing'iic'tual'operation and effort within tho Uni
ted Sfitfo'fi ami more especially” two nets, for
the same purposes, passed on the 29llt of May.
1828, and on the 14th of July, 1832, “ tiro un
authorized by the Constitution of the United
Slates, uud violate the true meaning and intent
thereof, nnd are null nnd void and no law,” nor
binding nn tho citizens of dial State or its offi
cers : and by the said Ordinance it is further
declared to bn unlawful fur any of the consti
tuted authorities ol tho Stale, or of tho United
Slates, to enforce tlm payment of the duties
imposed hy the said acts within tho same State,
sod that it is the duty of the Legislature to
pitas such laws ns mny lie necessary lo give
full effect to the said Ordinance.
And whereas, by the naid Ordinance it is
further ordained, that, in no case nf law nr
equity, decided in die courts nf snid State,
wherein shall he drawn in qunatioii the validity
of the said Ordinance, or of din acts of the
Legislature thut may lie passed lo give il effect,
or of tho suid laws of the United Stales, no
appeal ahull be alluwed lo the Supreme Court
of the United Stales, nor shall any copy of the
record ho permitted or allowed for llint pur
pose ; and that any person attempting to take
such appeal shall he punished us for a con
tempt of court.
A ml, finally, die said Ordinance declares
that the people of South Carolina will main
tain the said Ordinance at every hazard ; nnd
that they will consider die passage nf any act
by Congress abolishing or closing tho ports of
the said Slate, or otherwise obstructing the
free ingress or egress of vessels to and from
the suid ports, or any other net of the Federal
Government lo coerce the Slate, stmt up her
nnrls, destroy or haras* her commerce, or to
ejMWe-the sat.) acts otherwise thnn through
bet.civil tribunals ot tho country, as inconsis
tent with the longer continuance of South Car
olina in the Union ; nnd llmt I n people of the
said Stile will thenceforth hold ihcmsclven
absolved from all further ol.ligation to main
tain or preserve their political connexion with
the peaplo ofthe other States, and will forth
with proceed to organize a separate Govern-
And whereas, thu said Ordinance prescribes
ntenl,and do all oilier nets and things which so
vereign and independent State* may of right .do.
the execution of the laws. But the imposing
aspect which opposition has assumed in this
case, hy clodiing itself with Stale authority,
nnd the deep interest which tho people of thu
United States must all feel in preventing a re
sort to slrongcr measures, while there is a
hope thnt any thing will lm yielded lo mason
ing nnd remonstrance, perhaps demand, and
w'll certainly justify, a full exposition lo South
Carolinn nnd the nation of the views I enter
tain nf this important question, as well as a
distinct oiiunciulion of the course tny sense of
duly will require me lo pursue.
The Ordinance is founded, not on the inde-
Pcn-iblo right of resisting acts which are plain
ly iiiiconstilulional, and too nppressivo lo be
endured, hut on the strange position that any
one Slnle may not only declare an ucl of Con
gress void, hut prohibit its execution—that
they rnav do this consistently with the Consti
tution ; that the true construction of that in
strument permits a Slate to retain its place in
the Union, and yet be bound by no other of its
laws than those it may choose lo consider us
ofSoutliCarolina, linshonn! oonslilulionnl. I. is true, they add, that to
if tile doctrine of a Stale veto upon tfie lat&
of the Union, carries with it internal evidence
of its impracticable absurdity, our constitution
al history will also affind ahuudant proof that
it would have been repudiated with indignation,
had it been proposed to form a feature iu our
government.
In our colonial state, although dependant on'
another power, we very early considered our
selves as connected by common interest with
each other. Leagues were formed for com
mon defence, and before the declaration of in
dependence, we were known in our aggregate
character as tub united colonies Or Amer
ica. That decisive and important step was
taken jointly. We declared ourselves a na
tion hy a joint, not by several acts ; and when
the terms of our confederation were reduced
to form, it was in that of ■ solemn league of
severnl States, hy which they agreed thut they
would, collectively, form one nntiou for tho
purpose of conducting some certain dotnealio
concerns, and all foreign relations. In tho
instrument forming that Union, is found an ar
ticle which declares that “ every State shall
abide by the determinations of Congress on all ‘
questions which by that confederation should
he submitted to them.”
Under the confederation, then, no. State ‘
could legally annul a decision ul the Congress,
or refuse to submit to its execution; but no '
provision was made to enforce these decisioos.
Congress made requisitions, hut they were'
not complied with. The government could
not operate on individuals.. They had no ju
diciary, no means of collecting revenue.
But the defects of the confederation need
not be deluded. Under it* operation, we could
scarcely be called a nation. We bad neither
prosperity at home nor consideration abroad.
This slate of thing* could not he endured, and
our present happy conititution was formed;
but formed in vain, if this fatal doctrine pre
vail*. It was formed for important objects
that are announced in the preamble mado in
tho name and by the authority nf the people of
tlm United States, whose delegate* framed,
and whoso conventions approved il. The
must important among these objects, that
which is placed first in rank, on which all the
others rest, is, “ to form a more perfect Uni
on.” Now, is it possible that, even if there
were no express provision giving supremacy
to the constitution and laws of the United
States over those of the States, it can be con
ceived, that an instrument made for the pur
pose of “ forming a more perfect Union” than
that of the confederation, could lie so con
structed hy the assembled wisdom of our
country, a* to substitute for that cunledcra-
lion a form of government dependunt fur iia
j evident. In give the right of resisting laws of
that description, coupled with tho uncontrolled
right to decide what laws deserve that charac
ter, is to give the power of resisting ull lows.
For, ns by the theory there is no appeal, the
.reasons alleged by the State, good or bad,
Kn-lny night, tho 14.1. tn.l- , r , !vaj| . ,f it 8 , 1011 |d l)0 fcaid that public
opinion is a sutlicienl check aguins! the abuse
of this power, it may be asked why it is not
Every man ol plain unsophisticated under
standing, who hears the question, will give
such an answer as will preservn the Union.—
Metaphysical subtlety, in pursuit nf an imprac
ticable theory, could alone luve devised one
that in calculated lo destroy it. - -
I consider, then, the power to annul a law
of the United Stales, assumed by one S|ato,
NCOMPATini.K WITH THE EXISTENCE OF THE
deemed a sufficient guard against the passage i Union, contradicted exfressi.t nr tiii:
of an unconstitutional net by ('engross.—
There is, however, a restraint in this last ense,
which makes the assumed power of u State
more indefensible, mid which dues not exist
in the other. There are two appeals from an
imcnnslilutioiml act passed by Congress—one
lo tho Judiciary, the other to the people nod
the Slates. There is no appeal from the Stato
decision in theory ; and the practical illustra-
I.ETTER OP THE CONSTITUTION, UNAUTHORI
ZED RY ITS SPIRIT. INCONSISTENT WITH EVE
RY PRINCIPLE ON WHICH IT WAS rOUNDEn,
AND OBSTRUCTIVE OP THE UKE1T OBJECT roll
WHICH IT WAS FORMED.
Alter this general view nf the leading prin
ciple, we must examine the particular applica
tion of it which is made in the Ordinance.
T!ip preamble rests its justification on these
linn shows that the courts nru closed against an j grounds—it assumes as a luct, that the olinox-
npplicalinn to review it, both judges and juror* ious laws, although they pu* tort to bn laws
being sworn to decide in its favor. But rea- j for raising revenue, were in reality intended
oning on this subject is superfluous when our!for the protection ofmanufactures, whieli pnr-
social compact in express terms declares, that j pose it asserln lo bn uncoustitutionnl—(hat
the InwK of the United States, its constitution,
uud treaties made under il, are tho supreme
law of the land ; and, lor greater caution, adds,
“that the judges in every Slate shall be bound
thereby, nny thing iu the constitution or laws
of any State to the contrary notwithstanding.”
And it may he asserted, without lour of refu
tation, thut no Federative Government could
exist without a similar provision. Look for it
moment to the consequence*. If South Car
olina consider* tho revenuo laws unconstitu
tional, nnd has a right to prevent their execu
tion in the port of Charleston, there would bo
a clear constitutional objection lo their collec
tion in every other port, and nn revenuo could
bo collected any where ; for till imposts must
bo equal. It is no answer to repeat that an
unconstitutional law is no law, so long os the
question of its legality is to bo derided by Hip
Stato itself; for every law operating injuriously
upon any local interest will he pethnps thought,
nnd certainly represented, as unconstitutional,
and, as has been shown, there is no appeal.
If this doctrine had been established ut an
earlier day, the Union would Imve been dis
solved in its infancy. The excise law in
Fennsylvunm, the embargo nnd non-inter-
course law in tho Eastern States, the carriage
tax in Virginia, were all deemed unconstitu
tional, and were more unequal in Iheir opera
tion than any of the laws now complained of;
but, fin tunaioly, nunc of those Slates discover
ed that they had the right now cluitned by S.
Carolina- Tho war into which wo were for
ced, to support the dignity of the nation and
the right* of our citizens, might have ended in
defeat nnd disgrace, instead ol victory and
honor, if the Stales, who supposood it a ruinous
and unconstitutional measure, had thought
they possessed the right of Mollifying the uet
hy which il was deciured, and denying supplies
for it* prosecution. Hardly and unequally a*
those measures bore upon several members of
the Union, to tho Legislatures of none did this
sufficient and peaceable remedy, as it i* called,
suggest itself. The d'sr.ovory of this impor
tant feature inour Constitution was reserved to
the present day. To tho statesmen of South
Carolina belongs the invention, and upon the
citizens of that Slate will unfortunately fall the
evils of reducing it to practice
the operation of these laws in unequal—that
tho ninouiit raised hy them is greater than ts
required hy the wauls ofthe government—nnd,
finally, that the proceeds are to he applied to
objects unauthorized by the Constitution.—
These nrc the only causes alleged to justify
an open opposition lo the laws of the country,
nnd a threat of seceding from the Union, if
any attempt should ho made to enforce them.
The first virtually acknowledges that the la«v
in question tvas passed under a power express
ly given bv the Constitution, to lay and col
lect imposts ; but its constitutionality is drawn
in question from the motive* of those who pas-
Tho next objection is, that the law,/ in ques
tion operate unequally. This objection may
lie made with truth to every law that has been
or can he passed. The wjsdom of man pever
yet contrivod a system of taxation that would
| operate with perfect equality. If the unequal
operation of a law makes it unconstitutional, and
if all laws of •.hat description may be abrogated
bv Rny Stale for that cause,'then, indeed,.is llm
Federal Constitution unworthy of the slightest
effort for its preservation. We have hitherto
relied on it as the perpetual bond of our Uni
on. We Imve received it as the work of tho
assembled wisdom of the nation. We have
trusted tn it a* lo (he sheet anchorofour safe
ly, in the stormy times of conflict with a for
eign or domestic foe. We have looked to it
sed it.
However apparent Ibis purposo may bo in
the present case, nothing con bo more danger
ous than to admit the position that an uncon
stitutional purpose, entertained by the mem
bers who assent to a law enacted under a con
stitutional power, shall make that law void;
for how is that purpose to ho* ascertained t
Who is to make the scrutiny . llnw often
mny had purposes be falsely imputed ! in how
many case* are they concealed • by false pro
fessions ? in how many is tio declaration of
motive mnde ? Admit this doctrine, nnd you
give- to the States an uncontrolled right to de
cide, nnd every law may be annulled under this
pretext. If therefore, the absurd and danger
ous doctrine should he admitted, that a Stato
mny nnnul an unconstitutional law, or one that
it deems stirlt, it will not apply to tha presept
exists
