Newspaper Page Text
2
TgAti UtilJ
BY J. G. M’WHORTER.
TFRMS' hit Papnr is pubti*h>’<t every MONDAY)
WKDNE3D4. and FRIDAY Afternoon, at 98 per an
nuui payable in advnnee*
COUNTRV PAPER—Published every FRIDAY afternoon
at |3 per annum, in advance, or $4 at the expiration of
tf4=*‘ C Subscriptions received for less time
than six months.
JCT ADVERTISEMENT'S not exceeding a square will
be inserted the firat time at 75 cU. per square and 37 1-2
for each conUuuauco.
Advertisements of one square, published friekLy, at 75
cents for the first insertion, and 50 cents, for each con-,
tiouance.
Persons advertising I -he year will be charged 30 dollars
including subscription and will be entitled to one square
In each paper. ,
When persons have standing advertisements ot several
squares, special contracts may be made.
Hy No deductions will be made in future from these
Advertisements must have the number of insartidius
marked on them ; otherwise they wiUbeinserted till for
bid, and charged accordingly.
SHERIFFS, 01.F.R K.S, and other public officers, whl have
25 per cent, deduction their favor.
11 ""air aaggtaaso
Charleston, Jan. 21.
’ AT an early hour yesterday morning a Gov
ernment expres* reached town, from Wasliing
. ton, with copies of the Washington Globe of
Thursday last, containing a highly important
MESSAGE from the President of ihe United
State* to Congress—and having been favored
wilh-a copy of this document, we hasten to lay
it before our reader*.
In both Houses, the Message, Sic. were re
ferred to the Committee on th* Judiciary; and
in the Stnate 3 000 copies, and in the House of
Representatives 25,000 copies were ordered to
be printed.— Courier. #
Fromthc Globe qf the 17th iast.
■Yesterday (l6th iost.) the President of
the United States communicated to both
Houses of Congress the following
333 \SNB 9
Gentlemen of the Senate.
and House of Representatives: —
In my annual Message, at tho com
mencement of your present session, I ad
verted to the opposition to the revenue
laws in a particular quarter of the United
3»ates, which threatened, not merely to
thwart their execution,but to endanger the
integrity of the Union. And, although I
then expressed mv reliance that it might
J>e overcome by the prudence of the offi
cers of the United States, and ihe patrio
tism of the people, I stated that should
the emergency a*ise, rendering the execu
tion of the existing laws impracticable,
from any cause whatever, prompt notice
should be given to Cougress, with the
suggestion of such views and measures as
might be necessary to meet it.
Events which have occurred in the
quarter then alluded to, or which have
come to my knowledge subsequently, pre
sent this emergency.
Although unknown to me at the date
of the Annual Message, the Convention
which assembled at Columbia,in the State
of Souili Carolina, passed on the 24th qf
November last, an Ordinance declaring
certain acts of Congress therein mention
ed within the limits of that State, to be
.absolutely null and Void, & making it the
duty of the Legislature to pass such laws
as would be necessary to carry (he same
into effect, from and after the Ist.of Fe
bruary next. A copy of that Ordinance
has been officially transmitted to me l|r
he Governor of South Carolina, and is
new coinmunicatedto Congress
The consequences to which this extra
ordinary defiance of the just authority of
the Government might tori surely lead,
Wqre clearly foreseen, and it was impos
sible for me to hesitate as to my own du
ty in such an emergency. The Ordi
nance bad been passed, however, with
out any certain knowledge of the recom
mendation, which, from a view of ihe in
terest of the nation at large, the Execu
tive had detei mined to submit to Con
gress, and a hope was indulged that by
frankly explaining his sentiments and the
nature of those duties which the crisis
would devolve upon him, the authorities
of S»uth Carolina might be induced to re
trace their steps. In this hope I deter
mined to issue my ProclamoVion of the
10.ih of December last, a copy of which
I how lay before Congress.
I regret to inform you that these rea
sonable expectations have not beetr' rea
lized, and that the several acts of the Le-
f Mature of S. Carolina, which I now lay
afore ynu,& which have all and each of
them finally passed, after a knowledge of
tho desire of the administraiion to modi
fy the laws complained of, are too well
calculated, both in their positive enact
ments and in the spirit ofdpposi'ion which
they obviously encourage, wholly to ob
struct the collection of the revenue within
the limits of that State.
IJp to this period, neither the recom
mendation of the Executive, iu regard to
our financial policy and impos' system,
nor the disposition manifested by Con
gress promptly to act upoo that subject,
nor the unequivocal expression of the pub
lic will, in all parts of the Union appears
to have produced any reluxutinn in the
measures of opposition adopted by the
State of South Carolina, nor is there any
reason to hope that the Ordinance and
laws will be abandoned. I have no know
ledge that an attempt has been, nr that it
is in contemplation to re-assemble either
the Convention or the Legislature; and it
♦ill be perceived, that the interval before
the Ist Qf February is too short to admit
of the preliminary steps necessary fur
that purpose. |t moreover,
that the State authorities are actively or
ganizing their military resources, and pro
viding the meaos, and giving the most so
lemn assurances of protection and sup
port to all who shall enlist in opposition
to the revenue laws. A recent pr»cla"
mation *»f the present Governor of South
Corolina has openly defied the authority
of the Executive of the Union, and gen
eral orders the head quarters of ihe
State hay? announced, his determination
to accept (he services ofripdunteere, »ndi
his belief, that should their country need
'heir services, they will be found at the
post of honor and duty, ready to lay down
their lives in her defence. Under these
orders, the forces referred to, ore direc
ted to “hold themselves in readiness to
take the fiejd at a moment’s warning;’'
and in ihe city of Charleston, wiihin a
collection district, and a port of entry, a
rendezvous lus been opened for the pur
pose of enlisting men for the magazine
and municipal guard. Thus South Caro
lina presents herself in (he attitude of h>>s
trie preparation, and ready even for mili
tary violence if need be,' to enforce liei
laws for preventing the collection of the
duties within her limits.
Proceedings thus announced and ma
tured-must be distinguished from menaces
of unlawful resistance by irregular bodies
of people, who, acting under temporary
delusion, may be restained by reflection
and thefinfluence of public opinion from
the commnmsion of actual outrage. In
the present instance, aggression mav be
regarded as committed, when it is official
ly authorized, and the means of enfor
cing it fully provided.
Under these circumstances, there can
be no doubt that it is the determination
of the authorities ufS. Carolina, fully to
carry into effect their Ordinauce and
Laws, after the first of February. It
therefore becomes my duty to bring the
subject to the serious consideration of
Congress, in ordenhat such measures as
they, in their wisdom may deem fit,shall
be seasonably provided, and that it may
be thereby understood, that while the Go
vernment is disposed to remove all just
cause of complaint, as fnr as may he prac
ticable, consistently with a proper regard
to the interesrs of the community at large,
ft is nevertheless determined that the
supremacy of the laws shall be maintain
ed.
In making this communication, it ap
pear* to *ue to be proper, not only that
I should lay before you the eels and pro
ceedings of South Carolina, but that 1
should also fully acquaint you with those
steps which I have already caused to be
taken for The due collection of the reven
ue, and with my views of the subject ge
me rally; that the suggestions which the
Constitution requires me to make in re
gard to your future legislation, may be
better understood.
This subject having early attracted
the anxious attention of the executive, as
soon as it was propable that the authoii
tie* ofSouth Carolina seriously meditated
resistance to the faithful execution of the
revenue lews, it was deemed advisable
that the Secretary of the Treasury should
particularly instruct the officers of the U
nited States in that part of the Union,as
to the nature of the duties prescribed by
the existing laws.
Instructions wereiaccordfingly issued on
the (>»h of November, to the Collectors
of that state, pointing out their respective
duties, and enjoining upon each a firm
and but discreet performance of
them in the emergency then appreherr
ded. I herewith transmit copies of these
instructions; and of the letter addressed
to the District Attorney requesting his
co-operation.
Tlieso instructions \'sw dictated in,the
hope that as the opposition to ,he laws
by the anomalous proceeding of Nullifi
caiion was represented to boos a pacific
nature,tn be pursued substantially accor
ding to the forms of the Constitution, and
without resorting in any event to for.ee or
violence, ihe measures of its advocates
would be taken in confoimify with that
profession; and, on such supposition, the
means afforded" by (he existing laws
would have been adequate to meet any
emergency likely to arise.
Ii wxs, however, net possible altoge
ther to suppress apprehension of the ex
cesses to‘which the exciteineur pi evading
in (hat quarter might lead; but it cer
lainly was not foreseen that the medita
ted obstruction to the laws would so soon
openly assume its present character.
Subsequently to the date of those in
structions, however, ihe Ordinance of die.
Convention was passed, which, if corfr
plied with by the people of iha< (State,
must effectually render inoperative the
present revenue laws within her limits
That Ordinance declares .md oidaips
“that the several acts and parts of acts
of the Congress of the IJ. S. purporting
to be laws for »he imposing of duties and
imposts on the importation of foreigu
commodities, and now having operation
and effect within the U. States,.and more
especially 'an act in alteration ofthe se
veral acts imposing duties on irhoosis,’
approved on the 19.'h of May, 1828, and
also an act entitled *an act to alien and a ,
mend the several acs imposing duties on
imports,’ approved-on the 14th July, 1832
are unauthorized by the*' Constitution of
the United States, and violate the true
intent aud meaning thereof, and are null
and void, and no law, nor binding upon
the State of S. Carolina, it* officers and
citizens; and ti!) promises, contracts and
obligations, made or entered intOi or to
be made or entered into, with purpose to
secure the duties imposed by the said
sets; and all judicial proceedings which
shall be hereafter had in affirmance there
of, are and shall be held uttterly null:aud
void. It alsoordains'Mhat it shall not be
lawful fur any of the constituted (author
ities, whether of tho State of South Ca
rolina or ol the U. (Slates, to enforce the
payment of duties imposed by the said
acts within the limits of the State;, bat
that it shall be the duty of the Legislature
td adopt such measures and pass such acts
as maybe necessary to give full effect to
this Ordinance, and to prevent the en
forcement and arrest file operations of the
said acts and parts of acts of the Congress
of the U. (States, within the limits of the
(State, from and after the first of Februa
ry next; and that it shall be the duty of all
other constituted authorities, ft of all per
sons residing or being within the limits
of the (State, and they are hereby requi
red and enjoined, to obey and give effect
to this Ordinance, and such acts & mea
sures of the Legislature as may be- pass
ed or adopted in obedience thereto.”—
It further ordaits*Hitat iu no case of law
or equity, decided in the Courts of the
State, wherein shall be drawn in question
the authority ostitis Ordinance, or the
validity of such act or acts of the Legis
lature, as maybe passdd for the purpose
of giving effect thereto, or the validity of
the afmesaid acts of Congress, imposing
duties,snail any appeal be taken or allow
ed to tho Supreme Court of the U. S.nor
shall any copy of the record be permitted
or allowed for that purpose; and the per
son or persons attempting to take such
appeal, may be dealt with as for a con*
tempt of court.” It likewise ordains,
“that all petsons holding any office of
honor, profit or trust, civil or military,un'
der he State, shall, withiof such iiroe,and
in such manner as th*e Legislature shall
prescribe, take an oath well and truly to
obey, execute Slid wnfoice this Ordi
nance, and such act or acts of the Legis
lature as may be passed in pursuance
thereof, accoiding to the true intent and
meaning of the same: and on the neglect
or omissions of any such person or per
sons, so to do, his or their office or offi
ces shall bo forthwith vacated, and shall
be filled up as if uch person or persons
were dead or had resigned; and no pet
son hereafter elected to any office of ho*
nor, profit or trust, civil or military, shall
until the Legislature shall otherwise pro
vide and direct, enter on the execution
of his office, or be in any respect compe
tent tw discharge the duties thereof, until
he shall, in like manner, have taken a
similar oath: and no juror shall be em
panneled in any of the Courts of the (State
in any cause in which shall be in ques
tion this Ordinance, or any act of the
Legislature passed in pursuance thereof,
unless be shall first, in addition to the o—
sual oath, have taken an oath that he will
well and truly obey, execute and enforce
this Ordinance, and such act or acts of
the Legislature as ntav be passed ti carry
the same into operation and effect, acco<-
dingto the l<ua intent and meaning there
of.” The Ordinance concludes, “And
we, the people of (South Carolina, to
<he end that it may be fully understood
by the Government of the United Slates
and the people of the eo-(Sta;es, that wo
are determined to maintain this ordinance
dt declaration at every hazard, do further
declare that we will not submit to the
application of force on the part of the
Federal Government to reduce this Stale
t-o obedience; but that we will consider
the passage, by Congress, of any act au
thorizing ihe employment of a military or
naval force against the State of South
Carolina, her constituted authorities or
citizens: or any act abolishing or closing
the ports of this State, or any of (hem,
or otherwise obstructing the free ingress
and egress of vessels, to and from the said
ports; or any other act on the part of the
Federal Government to co-erce the State
shut up her ports, destroy or ha<ass her
commerce, qr to enforce the acts hereby
declared to be null and void, otherwise
than through the civil tribunals of the
country, as inconsistent with the longet
continuance of South Carolina in the U
nion: and that, the people of this State
will thenceforth hold themselves absolved
from ail further obligation to maintain or
preserve their political connexion with
the people of the other States, and will
forthwith proceed to organizer a separate
Government, and do all other acts and
things which tovreign and independent
States can of right dot”
Th is solemn denunciation of the laws
and authority of the United States has
been fallowed up by a series of acts on
the part of the authorities of that State
which manifest a determination io render
inevitable a resort to those measures of
self defence which the paramount duty of
Government requires, but upon the adop
tion of which that State will proceed to
execute the purpose it has avowed iu
this ordinance of withdrawing from the
Union.
On the 27th of November, the Legis
lature assembled at Columbia ; and tin
'heir mealing the Governor laid before
hem the Ordinance of the Convention.
In this Message ou th»t accasion, ho ac
quaints them that *• this Ordinance has
thus become a part of the fundamental
law of South-Carolina :” that*' ihe die
has been at last cast, and South-Carolina
has at length appealed to her ulterior sove
reignity as a member of this confederacy,
and has planned herself oh' her reserved
rights. Tiie rightful exercise of this p#w
'er is not a question on which we shall a
ny longer argue. It is sufficient that she
has willed it,aud that the act is done; nor
is its strict compatibiliiy with our consti
tutional obligation to all iavvs passed by
the General Government, within the au
thorized gran's of power, to be drawn in
question, when this interposition is exer
ted- in.a caso in which the compact has
been palpably, deliberately,.and danger
ously violated. That it briugs up a con
juncture of deep and momentous interest
is neither to be concealed nor denied.
"This crisis presents a elass of duties which
is referable to yourselves.- You have
been commanded by the people, in their
highest sovereignity, to take care that
within the limits of this State their wiil
shall be obeyed.” “ The mensuies ofle
gislation,” he says, which you have to
employ at this crisis is the precise amount
of such enactments as may bs necessary
to render it utterly impossible to collect
within our limits the dudes imposed by
the protective tariffs thus nullified.” He
proceeds—“ That you should ami every
citizen with a civil process, by which he
may claim, if he pleases a restitution ot
his goods, seized under the existing im
'posts, bn his giving security to abide the
issue of the suit at law, and at the ssme
time define what shall constitute treason
against the State, and by a bill of pains
and penalties compel obedience to
your own law*, are points too obvious to
to require any discussion. In one word,
you must survey the whole ground. You
must look to and provide for all possi
ble contingencies. In your ownlirai's
your awl*.- Courts of Judicature must
not only be supreme, hut must look to
the ultimate issue of auy conflict of Juris
diction and power between them and the
Courts of the United States. ” The Gov
ernor alio asks for power to graat clear
ances—in violation of the laws Os the un
ion. And, to prepare for the alternative,
which must happen, unless the United
States shall passively surrender their au
thority, and the Executive disregarding
his oath refrain from executing the
laws of the Uoion, he recommends a
thorough revision of the militia system,
and that the Governor *• be authoized to
accept for defence of Charleston and its
dependences tho services of two thou
sand volunteers, either by companies or
files.” and that they be formed into a
legionary brigade, consisting of infantry,
riflemen, cavalry, field and heavy artille
ry; and that they be armed and equipped
fiorn the public arsenals completely'
for the field, and that appropriations be
made for supplying all deficiencies in our
munitions of war. In addition to
these volunteer drafis, he recommends
that tbe Governor be authorized to ac
cept the service of ten thousand Volun
teets from the other divisions of the State,
to be organized ft arranged in regiments
and brigades,—the officers to be selected
by ihe Commander-in- Chief, and that
this whole force be called the State
Guard."
A request has been regularly made of
the Secretary of State of South Caroli
na, for authentic copies of the acis which
lieve been passed for the enforcing ol the
Ordinance,but up to the date of the la test
advises, that request had not been com
plied with; and on the present occasion,
therefore reference can «uly be made
to the acts as published in the newspapers
of the state. The acts to which it is deem
ed proper to invite the particular atten
tion .of Congress are:
X. An act to carry into effect in part
an Ordinance to nullify Certain acts ol
Congress of the United Slates purporting
er» be laws laying duties on the importa
tion of foreign commodities, passed in
Convention of this Slate, at Columbia, on
the 24th ofN' V. 1832.”
This act provides that any goods seized
or detained under pretence of securing
the duties, or for nonpayment of duties,
or under any process, order, or decree,
or other pretext contrary to the intent and
meaning; of 'he Ordinance, may be re
covered by the owner or cunsiguee by
an act of replevin ; that in case es refus
ing to deliver them, so that the replevin
cannot be executed, the Sheriff may seize
the personal estate of ths offender to
double the amount of the goods; and if a
ny attempt shall be made to retake the
or seize them, it is the duty of the Sheriff
to re-capture them, and that any person
who shall disobey the process, or remove
the goods, and any one who shall Attempt
to re-take or seize the goods under pre
tence of securing the duties, or for
non-payment of duties, or under any pro
cess or decree contrary to the intent of
the Ordinance, shall be fined and
imprisoned, besides being liable for aay
other offence involved iu the act.
It abo provides that any person arrest-*
ed or imprisoned, on any judgment or
decree, obtained in any Federal Cour
for duties, shall be entitled to ;he benefit
secured <by the habeas corpus act of ihe
State in cases of unlawful arrest, and
may maintain action for damages; and
tha.t if nnv estate >hall be sold under such
judgment or decree, the sale shall be
held illegal,
It also provides that any Jailor who
receives a person committed on any pro-*
cess or other judicial proceedings to en
force the payment of duties, and any
one who hires his house as a jail to rei
ceive such person, shall be fined and
imprisoned. And finally, provides tha
persons paving duties, may recover
thorn back with interest
The next is called ‘ Aofc to pmvidp
for th-3 security and protection of the
State of South Caroliua.
Ties act provides that if the Government of
the United Slntes, or any officer thereof, shall
by the employment of naval or military force,
attempt to coerce Ihe State ofSouth Carolina in
to submission to the acts of Congress declared
by th Ordiance null and void, or to resist the
enforcement of the ordinance or of the laws pass
ed in pursuance thereof, or in’case of any armed
or forcible resistance thereto, the Governor is
Authorised to resist the aatne, and to order into
: service'he whole or so much of tlre military
'force of the State as he may deem necessary
and that in case of any overt act of coertion or
intention the same manifested by an
unusuai assemblage of naval or military forces
in or near the State, or the occurrence of any
circumstances indicating that armed force is a
.bout to be employed against the State, or in any
resistance to itr laws, the Governor is author
ised to accept the service of such volunteers. &i
call into service such portioas of the militia as
may be required to meet tha emergency.
The act also provides for accepting the ser
vice of the volunteers, and organizing the mili
,tia, embracing ail free white males bet ween the
ages of 16 aad 60, and for tbe purchase of arms
ordinance and ammunition. It also declares
that the power confered on the Governor shall
bg applicable to all easels of insurrection, or in
'vasiou’or imminent danger thereof and to cases
where the laws of the State shall be opposed,
and the execution thereof foicibly resisted by
combinations too powerful to be suppressed by
power vested in the Sheriffs and other civil offi
cers; and declares it to be the duty of the Gov
ernor; in every such-case, to call forth such por
tions of militia and volunteers as may be neces_
snry promptly to suppress such combinations, Si
cause the laws of the State to be executed:
3* Is "an act concerning the oath required by
the ordinance,passed in Convention at'Coiumbia
the 24th of November, 1832.”
This act prescribes the form of the oath; —
which is to obey aad execute the Ordinance and
all acts passed by the Legislature in pursuance
thereof and directs the time and manner of
taking it by the officers of the State, civil, judi
ciary and military.
‘lt is believed that other aets have been passed
embracing provisions forienforctng the Oidinance
but I have not yet been able to procure them
' I transmit however, a copy of Gov. Hamil
ton’s M-ssage to the legislature of South Car
olina—of Gbv. Hayne's Inaugural Address- to
the Legislature, as also of his proclamation, and
a general Order of the Governor and Comman
der in chief, dated 20th December giving public
notice that the services of volunteers will be ac
cepted, under the act already refered to.
If-these measures cannot be defeated- and o
vercome, by the powers conferred by the Con
stitution on the Federal "Government, the con
stitution must be considered as incompetent to
its ewn defence, the supremacy of the laws is at
an end; and*the rights and libertes of the citi
zens can no longer receive protection from-the
Government of the Union. They not only abro
gate the acts of Congress commonly called the
tariff nets of 1828 and 1832, but they prostrate
and sweep away, at once, ami without exception
every act, and every part of every act imposing
any amount whatever of duty on any foreign
merchandise, and, virtually, every existing act
which has ever been passed authorizing the col
lection of the revenue including the act of 1816,
and also’lhe collection law of 1799, the consti
tutionality of which has never been questioned.
It is not only those duties ivhich arc charged
to have been imposed for the protection of man'-
ufactnres that are thereby repealed, but all oth
ers, though laid for the purpose of revenue there
ly, and upon articles in do degree suspected of
being objects of protection. The whole revenue
system of the United States in South Carolina
is obstructed and overthrown ; and the govern
ment is absolutely prohibited from collecting
any part of the public revenue within the limits
of the State, Henceforth not only the citizens
of South Carolina and of the United States, but
the subjects of foreign States may import any
description or quantity sf merchandize into the
ports of South Carolina; without the payment
of any duty whatsoever,theStafe is thus relieved
from the pay ment of any part of the pbblic bflr
thens; and duties and imposts are not only ren
dered not uniform throughout the United States,
but a direct and ruindus preference is given to
the ports of that State over those of all the ©th
er States of the Union in manifest vidlitioa of
the positive provisions of the Constitution.
in point of duration, also, those aggressions
upon the authority of doygre»s, which by. the
Ordinance, aje ntade part of the fundamentsl law
of Sooth Carolina, nTe absolute, indefinite and
without limitation- - They neither prescribe the
period when they shall cease, r,6r indicate any
conditions upon which those who have thus un
dertaken.to arrest the operation of the laws, are
to retrace their steps, and rescind their meas
ures. They offer to the United States no alter
native but unconditional submission. If tire
scope of the Ordinance is to be received as the
scale of concession, their demands can be sat
isfied only by a repeal of the whole system of
revenue laws, and by abstaining from the col
lection of any duties and Imposts whatsoever*
It is true, that in tile address to the
people of the United Stales, by the Con
vention of Souih Carolina, after announ
cing" the fixed and final determination of
the State, in relation to tha protecting
system, they say, that “ it remains for us
to submit a plan of taxation in which we
would be willing to acquiesce, in a liberal
spirit of concession, provided we are rhet
; in due time and in a becoming spirit by
the State* interested in manufactures.”
In the opinion of the Convention, an equi
table plan wonld be, that “ the whole list
of protected articles should be imported
free of all duty and that the revenue de
rived from import duties should be raised
exclusively from the unprotected articles,
or that whenever a duty is imposed upon
protected articles imported, an excise duty
of the same tate shall be imposed upon all
similar articles manufactured in the Uni
ted States. w The address proceeds to
state, however, that they “ are willing to
make a large offering to preserve the Un
ion, and with a distinct declaration that as
concession on out part, we will consent
that the sarno rate of duty may be impo
sed upon the protected articles that shall
be imposed upon the unprotected, pro
vided th-t no more revenue be raisffd than
is necessary to meet the demands of Go
vernment for constitutional purposes, and
provided also that a duty substantially uni
form be imposed upon all foreign im
ports.”
It is #lso true that in hi* Message to
the Legislature, when urging ihe necessity
of providing.“meatisof securing their safe
ty by ample resources for repelling force
by force,” the Governor ofS. Ci observes
that he “ cannot but think that on' a calm
and dispassionate review by Congress and
the functionaries-.>f the General Govern
ment, of the true merits o this controversy
the aibi' ration, by a call of a Convention
of all the states, which we sincerely a.td
anxiously seek and desire, will be accord
ed to us.”
From she diversity of tbe terms indica
ted in these *wo impor'ant documents,
taken in connes ou with the progress of
recent events in that quarter, there is too
.much reason to appro bend, without in any
manner doubting 'he intentions of those
public functionaries, khat neither the
terms proposed in the address of 'lie Con
vention, nor those alluded to in the Mes
sage ©f the Governor, would appease the
excitement which has lod to the present
excesses, ft is obvious, however, that
should the latter be insisted on, they
present an alternative which the General
Government, of itself, can by no possibi
lity grant; since, by an express provision
of the Constitution, Congress can call a
Convention for the purpose of proposing
amendments, only “on the application
ot the Legislatures of of tlie
States.” And it is not perceived*that live
terms presented io the Address are more
practicable than those referred to id the
Message.
It will not escape attention that the
conditions on which it i* said in the Ad
dress ofthe Convention they “ would be
willing to acquiesce,” form no part of the
Ordinance. While this Ordinance bears
all the solemnity of a fundamental law, is
to be authoritative upon all within the
limits of South Carolina, and is abso
lute and unconditional- in itr terms, :he
Address conveys only the sentiments of
the Convention, in uo binding or prac
tical form. Obe is the act of the State,the
other only the expression of the upiniods
of ihe members of the Convention. To
limit the effect of that solemn act, by a
ny terms or conditions whatever, they
should have been embodied in it, and
made of import no less auihoritative than
the act itself. By the positive enact
ments of the Ordinance, the execution of
tbe laws of thrf Union is absolutely pro
hibited, and the Address offers no other
prospect of their being again restored,
even in the modified form proposed, than
what depends upon the improbable con
tingency, that amid changing events and
increasing excitement, tho sentiments of
the present members of the Convention
and of their successors will temain the
same.
ft is to be regretted, however, that
these conditions, even if they had been
offered in the same binding form, are »n
undefined, depend upon so many contin
gencies, are so directly opposed to tbe
known opinions and interests of *he great
body of the American people, as to be
almost hopeless es attainment. The
majority of the States and of ihe people
will certainly not consent that the pro
tecting duties shall*be wholly abrogated,
never to be re.enacted at any futoro
time or iu any possible contingency.
As little practicable is it to provide that
the” same rate of duty shall be imposed
upon the protected articles that shall ffe
imposed upon tha unprotected ;” which*
moreover, would be severely oppressi\e
to the poor, and in timo of war, would
add greatly io its rigors. And, though
theie can be no objection to the prin
ciple, properly understood, that no
more reveuue shall ’be raised than is
necessary for the constitutional purposes
of the Government, —which principle
has been already recommended by the
Executive as the true bays of taxation,—
yet,it is very ceitain that South Carolina
alone caunot be permitted to decide w lfat
those constitutional purposes sere.
The period which constitutes the dtfh
time io which the terms proposed in th&
address are to be accepted, would seem
to present scarcely less difficulty than the
terms themselves. Though the revenue
laws are already declared to be void in
9o4ith Carolina as well as the bonds taken
under them; and the judicial proceedings
for carrying them into effect; yet, ns the
full actidn and operation of the Ordinance
ate to be suspended until the isl of Feb”
nary, the interval may be assumed as tho
time within which it Is expected that the
most complicate portion of the national
legislation, a system of long standing and
affucting great interests io the community
is to be rescinded
required, it is cleartlUi a compliance is
impossible.
Iu the uncertainty, then, which exisCS
as to the duration of the ordinance and
of the enactments for enforcing it, it be
comes imperiously the duty of the Execu
tive of the United States, acting with A
proper regard to rtll tho great interest*
committed to his care, to treat those acts
as absolute and unlimited. They are so,
as far as his agency is Concerned. Ho
cannot either embrace or lead to the per
formance ol the condition*. He has »1*
ready discharged the only part in his pow
er, bv the recommendations in his annual
message. The icst is with Congress and
the people. And, until they have ac td,
his duty will require him to look to thu
existing state of things, and act under them
according to his high obligations.
By these various proceedings, there
fore, the State of Souih Carolina has for
ced the Gdneral Government, uiMivoida
bly, to decide the rte Wand dangerous nl
lernativp of pet mi ting a state to obstruct
the execution' of tho laws within h* limits
*or seeing it attempt to execute a threat
of wtthd'uwing from the Union. That
portion of the people at ureseitt exercising
the authority of ihe Sta'e solemnly assert
their right trr do either, and as solemnly
announce tlreir detef initiation to do one
or tbe other.
In mV opinion both purposes are to be
regarded as revolutionary in their charac
ter and tendency, and subversive Os the
supremacy of the laws aud iutegi ity <>|
the Union. The result «>f each is the
same, since a State In which, by an usor
pat ion of power, tie corfstiiutional au
thority of the Federxf Government i» f '-
penly defied ants set aside, wants only
the form to be independent .of too Uni
oil. .
Thfc right of the people of a singlo
State to absolve themselves at will, and
without the conseot of tho other States,
from’tfteir most solemn obligations, and
haZard the liberties aftfd happiness of tha
millions composing this Union Cannot be
acknowledged. Such authority is betiev*
ed to bo utterly repugnant both to the
principled upoo vVhiCh the General Gov*
ernmenf is constituted, and to the objects
which it was-expressly formed to atiato.
Against all'acts which may be a'tlt gei?
to tratfscend tlie constitutional power of
Government, or, which tn\v be inconve
nient or oppressive io their operation,
the Constitution itself has prescribed tho
nTules of redress. Tl is the acknrtuledg*
ed attribute of free in st it til ions, that un
der them the empire of reason and la\d
h substituted for the potfer-of tho swoid
To no other source can appeals for t-np
pfessing wrongs be wtuda consistently with
dm obligations!' fS. Carolina;, to no other
can such appeals be made with safety al
atiy time; and to their decisions, when
constitutionally pronounced, it become*
the doty, no less of the public authori
ng* than of the people, rn every
to yield a patriotic submission.
That a-State.or any other great portion_ of the people,
suffering under long amt intolerable oppression, and having
tried all constitutional remedies without the hope ot ru
dr. ss, may have a natural right, when their happiness can
be no otherwise secured, and when they can do so without
greater injury toothers, to absolve themselves from their ob
ligation to the Wovermnent and appeal to the last resort, need
uot, on the present occasion, be deuied. _
The existence of tuis right, however must depend upon
the causes which may justify its exercise. It is the ultima
ratio; pre-supposes that tha proper appeals to all other means
of redress have beeu made in good faith, aud which can ne-,
ver be rightfully resorted to unless it be unavoidable. K rs
not the right of the State, but of the rndt idual, aud of all
the individuals in the Statu. It is the right ol mankind, gen -
erally, to secure, by all meausin their power, the blessings
of liberty and happiness; but when, for these purposes, any
body of men have voluntarily associated themselves under a
particular farm of government, no portion of theinr c air dis
solve the association without acknowledging the correlative
right in the remainder to decide whether that dissolution
can be permitted, consistently with the general happiness.
11l this view, it is a right dependent upon the power to en
force it. Such a right, though it may be admitted to pra-'
exist, and cannot be wholly surrendered, is necessarily sub
jected to limitations iu all free governments, and in of®'
pacts of all kindsfreely, and voluntarily ewared into,* tx
which the welfare of the individual become iden
tified with those of the community of which he is a member
In compacts between individuals, however deeply me> may
affect their relations, these principles are S Z* **
create a sacred obligation; aad, iu compacts or civil govern
ments, involving thelibdfties and happiness of millions OS'
mankind, the obligation cannot be teas. . .. , A .
Without adverting to the particular "*7 > ,
federal compact has given s. to t's toraattou and
the parties to it -and without whether
ly federal, or social',or nationsl.it is suflScient that it must bO
admitted to be a compact, and to gmsm“*•****““&
cident to a compact; to boa C ®"!P , * C * > «., rt ed on tbe other
cated on the one hand, and obedience exarted ou lbe otber.
a compact freely, voluntarily, asd sotearfr
the severer States sad the
aute< ■ ndw
SThSaM£cl, in Whatever mode it may hat*
been dene, the people of SOoto-Caroliiia- hare
freely yolantariljr gwen their assent; aad
ro the whole and every p*ft of it they are, upotv
erery principle of good forth, intiolaWy bound,
Under this obligation, they are bound, and
should be requited, to contribute tbeir portion
of the public expense, xnd to submit to all laws
made by the common consent, in pursuance of
the Constitution, for the common defence nad