Southern banner. (Athens, Ga.) 1832-1872, January 05, 1833, Image 1

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Newspaper Page Text****** f “The frrmcnl of a A*ee, is preferable lo tho (orpor of a despolie, CJovernmeitt.” VOL. I. ATIIEAS, GE09C03A, JANUARY 5, A O. 42. is now before us] a nullification ofthe act is toil in interposing rren sofar as toarre.it the pro- liglitliil remedy ; that every State has a na- gress oftlic evil, anti thereby to preserve the I as mere surplusage; and therefore when he pro- political communities, ratified the Constitution, fesses to recite tho provision of the Constitution ' each Male acting tor itself] and binding its own I th- , , „ on this subject, he states that our “ sociai.com- citizens, and not those of any other State, the! tural right in cases not within the compact [<«- constitution ithki.k, as well as to piovide lor WHKKKAH, tno rrcsiaent ot me United pact in express terms declares that tho laws uct of ratification declaring it to be binding on ! sit* iinnfudaderis] to nullify of their own an- the safety of the parties to it, there would bo an States hath issued his Proclamation concerning • of Ihe United Stales, its Constitution, and the the States so ratifying—the Slates me its an- tluuity all assumption of power by others within end to all relief trom usurped power, and a direct jin “ Ordinance of tlic People of S. Carolina, to Treaties made under it, are the supreme law of tliurs, their power cr ated it—tlnir voice cloth- 1 their limits, and that without this right they would subversion of the rights specified or recognised nullify certain acts of the Congress ofthe United the land,” and speaks throughout of“ the exjili- ed it with authority—the government which itj be under the dominion absolute and unlimited, of under all the Mate ( onstitution,as well us a plain States,” laying “'duties and imposts for the pro- | cit supremacy given to the laws of the Union formed is composed of their agents, and the w homsoever might exercise die right of judge- denial ot the fit damentnl principle ou which our tcction of domestic manufactures.” lover those ofthe States”—as if a law of Con- Union of which it is the bond is a Union of ment tor them,” and that in case of acts being independence itself was declared. And Where as, the Legislature of South Cor- gross was of itself supreme, while it was ncces- States and not of individuals—tiiat as regards ! passed by Congress “so palpably against the The only plusiblo objection that can be urged • ■ ■ • ■ . ... . ...I—:, .1 n I... ,i._ .• i..,: 1 .. .. I. ~ ...•: ..u —* -I-- "■.( this light, HO indispensable to the sateti ~ th '• in. lid Govern has issued his Proclamation denouncing the | States which shall be made in pursuance there- j ernl Constitution is u confederation in the na- ty ofthe States to deelure Ihe acts font and of no mint shall tontine its operation within the ic - roceedings of this State, calling upon the” citi- I o/Ishall be the supreme law ofthe land,any thing lure of n treaty—or an alliance by which soma- force, and that each should tale measures of ils know lodged limits ot the charter there will i Ions thereof to renounce their nrimarv allegiance 1 in the Constitution or laws of any State to the ny Sovereign Statcagreed to exercise tli.-ir sov-j me. for providing that neither such acts, nor any no temptation lor any Mate to interfere with tl. • reign powers conjoinllij upon certain object, of 1 of the Gem rul Govcrnim n( not plainly and in- htii nmnious operation ol the system. Jliei’ external concern in which they are coiiullv in- tentionallv authorized hv the Constitiliion, shall will exist the stiongest motives to induce ftt J * .. . y ..I I i.e.it.il.t I/A ii,r.rrr.oeion , .. toresl»*<l, sudi as trar, pence, cinnmercc, ('(irni.'ii Negotiation, and Indian T^sJe; and upon all other subjects of civil government, they were to exercise their Sovereignty separahlij. For the convenient conjoint exercise of the Sovereignly ofthe States, there must of neces sity he some common agency nr functionary. This agennj is the Federal Government. It ing exhausted represents tile confederated States, mid executes she has in the zens thereof to renounce tiieir primary allegiance and threatening them with militury coercion, j contrary notwithstanding.” unwarranted by the constitution, and utterly in-1 Here it will be seen that a law of Congress, consistent with the existence of a Free State, bo [ as such, can have no validity unless made “ in it therefore, | pursuance of the Constitution.” An unconsti- llesolred, That his Excellency the Governor, ’ tutional act is therefore null and void, and the be requested, forthwith to issue, his Proclama- only point that can arise in this case is, whether, tion, warning the good people of the State ,1° the b ederal Government or any department against the attempt of die President of the Uni- thereof, has been exclusively reserved the right tori States to seduce them from their allegiance, decide authoritatively Jor the Stales this qttes- exhorting them to disregard his vain menaces, tion of Constitutionality. It this he so, to which and to be prepared to sustain the dignity, and ol the departments, it may lie asked, is the right protect the liberty of the State, against the ar- °f bnal judgment given f II it lie to Congress, bitrary measures proposed by the President.” : then is Congress not only^ elevated above Ihe Now, I, Robert Y. Hayne, Governor of other departments of the b ederal Government, South Carolina, in obedience to the said Reso-1 but it is put aliovu the Constitution itself. I his, lution, do hereby issue this my Proclamation,! however, the President himself has publicly and solemnly warning the good people of this Stale solemnly denied, claiming and exorcising, its is against the dangers and pcrnicmis doctrine pro- known to all the world—the right to roluse to mulgHtcd in the said Proclamation ofthe Prcsi- execute acts of Congress and solemn treaties, dent, as calculated to mislead their judgments even af\e r they Im.l received the sanction ol eve ns to the true character of the government under j r y department ol the F ederal Government, which they live, and the paramount obligation I That the Executive possesses this right ol which they owe to the State, and manifestly in- j deciding finally and exclusively as to tho vnlid- tended to reduce them from their allegiance, and ity of ach; of Congress, will hardly bo preton- hy drawing them to'(lie support of the violent j ded—and that it belongs to the .Judiciary, ex- and unlawful measures contemplated by the j c(! |>t sa Ihr ns may lie necessary to tins decision President, to involve them in the guilt of Rebei.- : °f questions which may incidentally come be- i.ion. I would earnestly admonish them to he- fure them, in“cnses ol law and equity,’ has been ware of the specie is but false doctrines by | denied by none more strongly than the 1 resi- which it is now attempted to bo shewn tlmt tho dent himself, who, on u memorable occasion,, than I ... several States have not retained their enliro refused to acknowledge the binding authority of j all Princes and States are bound before God sovereignty, that “the allegiance of their citizens die Federal Court, and claimed for himself and | and man to perform their solemn pledges. The was*transferred L Ihr first instance to tho gov- has exercised the right of enforcing the laws, inevitable conclusion from what has been said, eminent ofthe United States,” that “a State not according to their judgement hut “ Ins own j therefore is, that ns m all cases of compact he- undeistanding of them.” And yet when it tween Independent Sovereigns, where Ironi Ihe cannot be said to be sovereign and independent whose citizens owe obedience to laws not made by it;” that “even under the royal government w e had no separate character,” that the Consti tution has created a “ national government” which is not “ a compact between Sovereign States”—“ that a State has .no right to se cede”—in a word,that ours is a national gov ernment, in which the people of all the States are represented, and by which we are constitu ted “one people”—and “that our representa tives in Congress are nil representatives of the United States, and not of the particular Stall's from which they come”—doctrines w hich uproot the very foundation of our political system— annihilate the rights of the States—aud utterly destroy the liberties ofthe citizen. It requires no resoning to show that the bare statement of those propositions demonstrate that such a Government as is here described lias not a single feature of a confederated republic. It is in truth an accurate delineation,drawn with a hold hand, of a great consolidated empire—“otic and indivisible,’’and underwhatever specious form its powers may ho masked, it is in fact tlic worst of all despotisms, in whichthn spirit of an arbitrary government is suffered to pervade institutions professing to lie free. Such was not tho Gov- ernment/or which our farthers fought mid bled, tmd oll'ered up their lives arid fortunes as u wil ling sacrifice. Such was not in— Government which the great and patriotic men who called the Union into being in Ihe plentitude of their wisdoms framed. Such was not tho Govern ment which the farthers of the republican faith, led on by the Apostle of American Liberty, pro mulgated mid successfully maintained in 1798, and by which they produced the great political revolution effected at that auspicious era. To a Government based on such principles, South Carolina has not been u voluntary party, and to such a government sho will never give her assent. The records of our history do, indeed ntlord tlic prototype of those sentiments, which is to be found in the recorded opinion of those, w ho, when the constitution was framed, were in fa vor of a “firm National Government,” in which the States should stand in the same relation to the Union, that the colonies did towards the mother country. The Journals of the Convention and the secret history ofthe debates, will shew that this party did propose to secure to tho fede ral Government an absolute supremacy over the lie exercised within their r It is mi these great and c; South Carolina has now a< herself as a sovereign Stale, cod the Protecting System, in all its Iminchi to he a “ gross, deliberate, and palpable viola- linn ofthe Constitutional eonqiaetand hnv- tvery oilier means of redress, xereisn of her sovereign rights their joint will, as expressed in the c ompact, ns one of the |>orlios to that compact, and .n tho The powers of this government urn wholly di- performance of a high and sacred duty, int.fr- riralire. It possesses no more inherent sneer- posed for arresting the evil of usurpation, witli- eignty than an incorporated town, or any other in her own limits—by declaring these acts to be great corporate body—it is u political corpora- null, void, und no law, and taking measures ot tion, and like all corporations, it looks for its her own, that they shall not be enforced within powers lo an exterior source. That source is her limits.” the Slates. .South Carolina has not “assumed" what could South Carolina claims that by the Declaration he. considered ns at nil doubtful, when she as- of Independence, she became, and bus ev« r sorts “ tlmt the acts in question, were in reality since continued a free, sovereign, and iudepon- j intended for the protection of manufactures ;” lent State. | that llicir “operation in unequal;” that the Tlmt as a Sovereign State, sho has tho inhc-1 amount received by them is greater than is rcqtii- •ent power, to do all those ads, which by the ( red by the wauls of the government”—and li- law of nations, any Prince or Potentate limy of! n.illy, “ that the proceeds are to lie applied to right do. That like ull independent States, she ' objects unauthorized by the Constitution.” neither has, nor ought she to sillier tiny other | These diets are notorious—these objects openly restraint upon her sovereign will and pleasure, avowed. The President, without instituting mornblo occasion, ! titan those high moral obligations, under which ! any inquisition into motives, has hiniscll discov ered mid publicly denounced them; and his of ficer of finance is even now, devising measures intended as we are told to correct these acknow ledged abuses. It is a vain and idle dispute about words, to serves the purpose of bringing odium upon South very nature of things, there can be no common Carolina, “ bis native State,” the President lias j judge «r umpire, oaeh sovereign lias a right “ to no hesitation in regarding the attempts of a judge ns well of infractions, ns ofthe mode und State to release herself from the control of the I measure of redress, so in the present controvcr- Fcdcrtd Judiciary, in a matter nfi'ecting her sv, between South Carolina and the Federal sovereign rights, as a violation of ihe Conslitu- Government, it belongs solely to her, liy hcrdel- tion. ° * egates in solemn Convention assembled, to do- ... . . • . .,i„iw,-..i.. cide whether the federal compact lie violated, It is unnecessary to enter V* 0 !,,nil what remedy the State ought to pursue, oxamum.ion o 1 .11- • ^ ■ ft j South Carolina, therefore, cannot, and will not J prn.ssly proviilntl f«r, in thes instrument itself, adm.t ot a doubt, that y the Ifeu ...a n ot In- | ^ t|u|mr||m ,„ (!(lrru | Govern- j Jhnt all sovereign rights not agreed to ho excr- ( pen encc, cm. ,, Suites ” and our no' 1 l,lelll » 11 right which enters into the essence of : cised eon jointly, should he exerted sepernlely liy ovcrcign, and independent_States, and ourpo- . (| unv<irp ? n|w _ nlu , wifllnll , whi( . h i( J. Virginia declared, in reference to territories.” hearnnee, und none to prompt to aggression < nitinl tmtlis, tlmt i either side, so stioii ns it shall come lo be in i. ■d. .luilginir lor versally felt and acknowledged tlmt the States do lie has pronoun- not stand to the Union in the relation of degra ded aud dependent colonies, tint that our bond of Union is lorined by mutnal sympathies and com mon interests. The true answer to this objec tion Ims been given by Air. Madison, when hi says— "It does not follow, however, that because tic States, as sovereign parties to the constitutional compact, must ultimately decide whether it hr ; been violated, that such a decision ought to I interposed, citherin u hasty manner, or on doubt fill and inferior occasions. Even in the ease of ordinary conventions between different tuitions, it is ulways laid down that the breach must he both wilful anil material to justify an application ofthe rule. Rut in the case of an intimate mid constitutional union, likethat ofthe United States it is evident tlmt the interposition ofthe paitus, in their sovereign capacity, can bo called for by occasions only deeply und essentially affecting the vital principles of their political system.” Experience demonstrates tlmt tile danger is not that a stutcwill resort to her sovereign rigl. . loo frequently ur on light and trivial occasion , hut tlmt she may shrink from asserting them ns ollcn us niny he ncccssiiry. It is maintained by South Carolina that acc< i- ding to the true spirit of the Constitution, it b< - comes Congress in all emergencies like the pri ■ - cut, either to remove the evil by Legislation, t r ask whether this right of State Interposition may to solicit ol the States the cull of u Convention ; 1,0 most properly stvl. d, u coiistituiionul, a sov- | und that on a failure to obtain by tile consent ot eiirn, or ti reserved right. In calling lbisjtlircefourtlisofalltheSlate8anamcndmr.nlf.lv- ri"ht constitutional, it could never Imve been ing the disputed power, it must bo regarded ; : intended to claim it ns a right granted by, or I never having In cn intended to be given. 1 In o tli'rivod Itom tin* Constitution, blit it is rlaimcd |>riiirij>los Imvobocn ciiistinc tl) recognized by !•.<« ns consistent with its genius, its letter and its President himself in his message to C ongress Jit as consisieiii will! ii* Knim*, it.-n luuui spirit it beimr not only distinctly understood, at tho commencement of the present session, imd the time ofrattiliying the Constitution, but ex- j they seem only to^ be impractieable ^absurdities l of In- j^ouih Curolinu, therefore, cannot, and will not ! prossly provided f**r, in ? “free, >icld to any department ofthe Federal Govern-1 that all sovereign rights , , _ v 4iw. fht.t tm. i or fall: such were tiie principles promulgated nensahie duty t‘> adhere to the same, as founded extstonfe as members of ho-U» ^atho- ^ ^ ^ !_ ^ U , M (ho foaHtitution, and ore to ec ara o > 1 ■ P ’ , / . : sanction of these great men, whose recorded ns conducive to its welfare,” and Mr. Madison !y ONE n ation '-without ■ .* > s..i.l that she “ views the powera of the Federal name this right may be called, for if the cotis.i- to suonnt o nn) (i (i>° o ^ ^ Government as resulting from /Ac compart lo tut ion he u a compact to which the States are serve d to tno ’ 'Zt^nlZ "hi'ht he W«»« are parties, limited by the parties,” if“ acts of the Federal Gove lent ilei cssoi • o . -ii nnii.lv I’tdl tin! plain sense and intention of the jnstrunimit eon- are mi further valid than they are authorized by and upon the former, will unfortunately loll the W 1 ' . , . , .. . , ” *” . . . • stunting that compact—ns uu further vtihd than evils °l fe uung t o p ■ • ( ] 1( ,y , lr( , authorized by the grants enumerated in South Cato inn it. t f’ I ■ , that compact; and that in case of a deliberate, mu hutted hv the President (ns they must uiuays . 1 .. "a |,y „11 wbo claim to be supporters ofthe a n<l dangerousexercisc ot other powers, be he Id by ; scontrad i t ! t 'ed by the let- '><>' V f’*”' ^ntes who ■ parties thereto have the right, and nre m rights ofthe States) “ io.i,! i are parties thereto have the right, urnl tire in ter of the constitution-unauthorised by .ts s| I bound (o jn(i ( ;, r arre , tillff lhl! |ir „. rit inconsistent with e\cjy | ,r,M objects 1 R rcSS ^ ,c evil, and for rimintaiiimg within tlioir it was fin,nded destructive ol ol! the ohjects ^ . yo , j|nitg authorities, tigl.ts und lib- for which it was framed”—utterly incompatible with tho very existence of the States—and ab solutely fatal to the rights and liberties of the people. South Carolina has so solemnly and repeatedly expressed to Congress and the world the principles which she believes to constitute the very pillars of the Constitution, that it is deemed unnecessitrry to do more at this time, than barely to present a summary of those great fundamental truths, which sho believes can nev er be subverted without the inevitable destruc tion of the liberties of the people and ol the Un ion itself. South Carolina lms never claimed (us is asserted by tho President,) the right ol “ repealing at pleasure, all the rcrenue laws of tho Union," much less the right of “repealing the Constitution itself, and laws passed to give it effect which have never been alleged In he tin- olull:3, uy uiyiii^ him" « iicgamn ......... . v. laws, but the some history also teaches us that judgo of infractions of the constitutional all these propositions were rejected, and n Fed- pa< t, in violation of the reserved rights of the oral Government was finally established, recog- i State, and of arresting the progress of usurpa- . . .« .Pit... ii • l.... .til*,, ll.iiiiu mill u'hnn. as 111 tilli States, by giving them n negative upon their j cnnstitulional.” She claims only the right to Ii ' ' ' ' " all nizing the sovereignty ofthe States,and leaving tion within her own limits, and when, as in the the constitutional compact on the footing of all j Tariffs of 1829 and 1832, revenue and ptote>» other compacts bctvvcen“purtica having no com- ; tion—constitutional is; unconstitutional objects, inon superior.” | have been so mixed up together, that it is found It is the natural and necessary consequence impossible to draw the line ol discrimination— by the principles thus authoritatively announced she has no alternative, hut to consider the whole of the President, as constituting the very basis as n system, unconstitutional in its character. respoctiv berties, appertaining to them.” It is Kentucky who declared, in ’99, speak ing in the explicit language of Thomas Jofler- son, that “the prineples aud construction con tended for by members ofthe State Legislature, ftho very same now maintained by the Presi dent,] that the general government is the exclu sive judge ofthe extent of the powers deli ga ted to it, stop nothing short of despotism—since discretion oflhoso who administer tho govern ment, and not the constitution, would be tin measure of their powers. That tin States who formed the instrument when asserted by South Carolina, ormadeappl cable lo her existing controversy with tho Fede ral Government. Rut it seems that South Carolina rcccivoi from the President no credit lor her sincerity, when it is declared through her Chief Magis trate, that “she sincerely mid anxiously seeks and desires the submission of her grievances to a convention of all the Slates.” “ Tho only alternative (says the President) which she pre sents, is the repeal of all Ihe acts for raisii g revenue; leaving tho government without tl.o moults of support, or un ucquii'sccnco in the d.s- solulion if our Union.” South Carolina lius p ; - sented no such alternatives. If the Prcsicb i i had read the documents which the Convention caused to lie forwarded to him for the expn si purpose of making know n her wishes, and hi r views, he would have found, flint South Caroli na asks no more than that tho Tariff should tin reduced to tlio revenue standard', aud Ims de- Htinctly expressed her willingness, that “an uiiinunt of duties substantially tmifotui, should bo levied upon protected, ns well os unprateit- cd articles: sufficient to raise tho revenue n< • i they ni the grants enumerated in that compact,” then we have the authority of Mr. Mndi-on himself f,, r tlie enrvitaldo conclusion tlmt it is “a plain principle illustrated by common practice, mid essential to the nature of compacts, that when resort can be Imd to no tribunal superior to tho uutlioritv ofthe parties, the parties themselves , . rum. be the riol.lful judge ... the last resort, cess,try to meet tho demands ol tho gov 11 1!,or (1,0 baret.in nindo, lias been pursued or ment lor constitutional purposes.” vi i., ',1” The Constitution, continues Mr. Ho would have found in the Exposition, put Madison “ tr.ts fetWI.v the sanction ot the forth by tho Convention itself, ad.st.net appe-.l V, ", , I,, tlc h in it; sov, reign capacity;! to our sister States, lor the call of.. Convent., n; lhc St ’ites tlion bein<' parties to the constitution- j and the expression of an entire willingness on commict and in 'their sovereign capaetv, it ; the part of South Carolina to submit the centre- i | r 1 :oU.tr,1 tv,.lull there can he no trihu- versy to that tribunal. Even -..he very - a! a L- 0 their authority, to deei.lo in the las. ment when he was indulging in these unjust a. d tort whether tho compact made hv them be injurious imputations upon tho people of 8. •. " nly, that us th- parties and their late highly respected Chid Magistrate, violated ; and consequently to it, then must themselves ilei idr in the last ro- H ort, such questions as may be ot siillicient verulj magnitude to require tin ir interposition.” sover-1 II I Ins right does not exist in the several States, . ign and independent, have the an piestioimble 11),< n p js clear that the discretion ot t.ongre right to judge of liieHnl’melion, mid That a! „| t|,o (ionsliti.tion, would he tho measure lificalion bn those sovereignties, of all uiiiitdlinr- j of tli>-ir powers, and this, says Mr. Jetferson, ised acts done under cotur of that instrument, j woubl amount to tho "seizing the rights ot the is the rightful reined}i/.” j States and consolidating them in the hands ol the It is the great Apostle of American liberty him- j General Government, with n power assumed to self who has consecrated these principle-, und ; (j, n States not only in eases made federal, left them as a Ihgnry to the Atm rieau p-opfe, j | m j n || cases whatsoever; which would ho to recorded by Ins own hand. It is by him that we are instructed—* that to tho Constitutional compact, “ each State acceded .is n State, mid is an integral piuty, its co-stnti s forming ns to itself tho other party,” that “they n'ono hein a resolution had actually been passed throuj h I,nth branches of onr Legislature, demanding a call of that veiy Convention, to which ho <!< - dares that she had no desire that an app'd should be made. It docs not become the dignity of a Sever* i; n State to notice in the spirit which might be con sidered ns belonging to the occasion, the unwar rantable imputations in which the President I n thought proper to indulge, in relation to- Somh Carolina, tho proceedings of her citizens m.d constituted authorities. He has noticed, or !y to <>ivc if countenance, that miserable slan,' r w ife It imputes the noble stand that onr pei p! have taken in defence of their rights and libn- u holH it to be impossible to resist the argtt-1 lies, to a fi“ tion instigated by the iflbrts of a »c. note it to ne tmpo. ■ ■ -1 few ambitious leaders who have got up an cx- surrender the form of government we have chos en, to live under one deriving its power from it.- own will." int, that the several Slates as sovereign parties parties to the compact, are solely authorized lo | to t | )R compact, must possess the power, tn e: llir last rt of the powers of “gross deliberate aud palpal violation of the _ _ _ supreme.--- . . . , . is that tho President obviously considers the single feature of nationality in its foundation— words, “made in pursuance of the Constitution, that the people ofthe several States a- distta itetnent for their own personal apgrandizemr tit. The motives and characters of those who have been subjected to these unfounded imputatir ns, beyond the reach of the President of the. sacrifices they have mudr. trials through which thry s, will leave no doubt at t* motives and rolde impulse:-: f by which they arc actin ic been induced to separata G-ouldnS justify ft»e pni tics! their own personal intcrestsiom those of UK)

Georgia Historic Newspapers

Southern banner. (Athens, Ga.) 1832-1872, January 05, 1833, Image 1