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■j? ^ -j ^ JCXOIff I deemed unconstitutional, and were more unequal
,, .. .. . r ,, .i vVy, #« ! ill their operation than auv of tlio laws uow corn-
Bj lh-. 1 >m, ! nt o.t.cL HI tea ;>'«*«. , ninct , ot . but fortuoatuly. none of those States
Whenas, x Coturen’iou assembled in the State | discovered that they had the right uow claimed
Of South Carolina, have passed an Ordmau’e by j by g ollt |, Carolina. The war into which we
which they declare, “That the *cvcr»l acts mu W erc forced, to support the dignity of the nation
part* of acts of the Congress of the l .tied States, a3( j t | je r ;„i, ts 0 f our c iu ZcD;ji might have eu3ed
purporting to be laws for the imposing of duties | j u defeat and disgrace, instead of victory and hon-
and imposts < u the importation '>f foreign com * 1 or, if the SiaU;* who supnosed it a ruinous and
muditie«. and now havnu actual operation an j unc&nsUVutlonal measure, had thought they pos-
..•(iVet within the United. States, nuil more «»PP* SCisCi| tho rig[jt of auUi f y i ng t h 0 aet by which it
cially,*' two act* fur _tue ••tne purpose*^pMseu declared aud denying supplies for its prose-
on the 29tJi May. J828, end on the Hlh’ JuW,
‘‘arc unauthorised l»y thcronstitr.Uon of the
United States, and violate the truo meaning and'
intent thereof, and are uull and void, aud no
law,’* uor binding on tho citizens c»t hat State or
its officer*: aud by the »aid Ordinance it is fur-
thcrdcclared to be’ un awfr.l for auj of the coustr-
tutod authorities of the State or the Uuited States
to enforce the pigment of the duties imposed by
the said acts wn.htu tho .amo State, au. that it is
tiro duty of t.lio Legislature to pass such laws as
.may ho necessary to give lull effect to tho said
OrdUi&nce;
And'whereas, by the said Ordiuauce it is fur-
tli’ r ordaiued, that iu no case of law or equity,
decided in the courts of said State, wherein shall
be drawn >n question the validity of said Ordin-
dinanco, or of tho acts of the Legislature that
may be ■.passed to give it *»flcrr, or of the said
a'vj of the United States,, no appeal shall be al
lowed to tin Supreme Court of the United States,
nor shall any copy of the re< ord be permitted or
aff.wod for that purpose, and that any persou at
tempting to take such appeal shall ‘jo punished as
for a contempt of court.
And, finally, the said Ordinance declares, thnt-
tltc people of South Carolina will laaintaiit the
sai l Ordinance at every hazard; and that they
will consider the passage of any act by Congress
' abolishing or closing tin ports of tho-said Stale,
fr 0‘her wise obstructing the free ingress or egress
of vessels of the Federal Gib vent ment to coerce
tho Sta*e, shut up her ports, destroy or Itarr.iss
her cournnierco, orto cuforce the said acts other
wise thnu through tito tribunals of the enuutry,
ns inconsistent with the iouger continuance of
South Carolina in the Union; aud that the peo
ple of the said Stato will thenceforth hold them
selves absolved from all further obligation to
maintain or preserve their political --ounexiou
with ibo people of the other States, and will
forthwith proceed to organize a separate Govern
ment, ami do all other acts aud things which sove
reign and independent tstitles may of right do ;
. And whereas, tho said Ordinance prescribes to
the pcopie of South Carolina n course of conduct,
Jit direct violation of their duty as citizens of the
United States, contrary to the laws of their coun
try, subversive of its constitution, aud having for
its object tho destruction of the Union—that U
ltion, which, coeval with our political existence,
led our fathers, without any other ties to unite
them than those of patriotism aud common cause,
through a aangunry struggle to a glorious inde
pendence—that tho sacred Union, hitherto invio
late, which perfected by our happy Constitution,
has brought us by the favor of Heaven, to a state
of prosperity at home, and high consideration a-
broad, rarely, if ever, enrolled iu the history of
nations. To preserve this bond of our political
existence from destruction, to maintain inviolate
this state o: national honor and prosperity, stud
toJu tify tini eon:ideuce my fellow-citizens have
rep >• d v< me, I, Andrew Jackson, President
of ike United States, have thought proper to is
sue this icy PROCLAMATION, stating my
views of the Constitution aud laws applicable to
the JMeasures adopted liy the Convention of South
Carolina, aud to the reasons they have put forth
tosusvun them, declaring tho course which duty
will require mo to pursue, ami appealing to the
understanding and patriotism of the pcopie, wirrn
them of the consequences that must inevitably re
sult worn up observance of the dictates of tho Con
vention.
Strict duty would requircof me nothing more
th in the exercise of those powers with which 1
am now, or may hereafter be invested, for pre
serving )hS | are of tito Union, wnd .or the exe
cution of the laws Rut tho imposing aspect
, which opposition has assumed in this case, by
*iJothirtg itself With -tatc authority, and the deep
interest which tie people of tho United titates
mast all feci in preventing a resort to stronger
measures, while there is a hope that any tbiug
will yield to reasoning aud remonstrance, perhaps
demand, and will certainly justify, a full exposi
tion to South Carolina and tho nation, of the
views 1 entertain of this important question, as
well as a distinct cnuuciation of the course which
my senso of duty will require mo to pursue,
The Ordinance is founded, not on the indefea
sible right of resisting acts which are plainly un
constitutional and too oppressive to be cudured ;
but on the strange position that any ouo State may
not only declare an act of Congress void, but
prohibit its execution—that they may do this con
sistently with the constitution—that the true con-
.t ruction of that instrument permits a Slate to re
tain its place in the Union, and yet be bound ay-
no other ot its laws than those it may choose to
consider constitutional. It is true, they add, that
to justify this abrogation of a law, it must be pal
pably contrary to the constitution; but it is evi
dent^ that to give the right to resisting laws of
that description, coupled with the uncontrolled
right to decide what laws deserve the character,
is to give tho power of resisting all laws; for, as
by the theory, there is no appeal, the reasons al
Irged by the Slate, good or bad, must prevail.—
Jf it should lie .-.lid that puulic opinion is a check
•gainst tho abuse of tins power, it may be asked
why it is not deemed a sufficient guard against
ibepns'.ige of unconstitutional act- oy Congress.
There is, however a restraint in this last case,
which makes the .,-sumed power of aSstate more
indefensible^ and which does not exist in the oth
er. I here are two appeals from an unconstitu
tional act, passed hy Congress—one to the Judi
ciary. the other to the people and tho States.—
There is no appeal from tho States. There is no
•pp d from the State decision in theory, and the
practical illustration shows that the courts arc
closed against an application to review it, both
judges aud jurors being sworn to decide in its
favor. Hut reasoning on this subject is superflu-
eu>, when our serial compact in express terms
declares that the laws of the Uuited States, its
cciu-iiumon. and treaties made under it, arc the
supreme law of tho land—and lor greater caution
add-, -that the judges iu every State shall be
bound thereby, any thing in too constitution or
laws of any state, lo the contrary notwith-tmiJ-
iug.' And a may be a--tried without fearofro-
)b!:ition, ih.it no Fe.lenitive Government could
• xi t without .i similar provision. Look fora
•moment to tho con-i-qucuce. If South Caroli
na ran ider- the revenue laws unconstitutional,
hud has a ripht to prevent their execution in the
port of Charl> -ion. the •- would bo a cleat consti
tutional objection to their collection in every otfa
cr port, and no rownue could be collected any
where* i.ir all imposts must he equal, li is no
'answer to repeat,ahat an nnc.in-iitotion.il law is
nn law. so long I. ill • fin ition of its leg ility is to
}>« den lea ay lo .) Stale its If, tar every law op-
.♦•sntiug injuriously upon any local interest will be
p'm ips Ihougftr, tiod certainly represented,
cutiou. Hardly and unequally as (huso measures
bore upon several members of the Union, to tho
legislature of none did this efficient and peacea
ble remedy suggest itself. Tim discovery of this
important feature in our Constitution was reserv
ed to the present day. To tho statesmen of
South Carolina belongs the invention, and upon
the citizens of that State will uufortuuatcly fall
tho evils of reducing it to practice.
If the doctriue of a State veto upon the laws
of ihe I 'uiou carries with it internal evidence of
its impracticable absurdity, our constitutional his
tory will also afford'abundant proof that it would
have beeu repudiated with indignation, had it
been proposed to form a feature iu our Govern
ment.
„u our colonial state, although depeudent on
anoher power, we very early considered ourselves
as connected by common iutcrest with each oth
er. Leagues wers formed for eommon defence,
aud before the declaration of independence we
were knowu iu our aggregate character as tho
united colonies of America. That decisive
nnd important step was taken jointly. We de
clared ourselves a nation by a joint, not by sever
al acts, and when the terms of our coufeueraiion
were reduced to form, it was in Unit of a solemn
league of several Si talcs, by which they agreed
that they wuilid collectively form one nation for
the purpose of conducting some certain domestic
concerns and all foreign relations. In the instru
ment forming that union is found an article which
declares that “every State shall abide by the de
terminations of Congress, ou all questions which
hy that confederation should bo submitted to
them.”
Under the confederation then; no State could
legally annul a decision of the Cougrcss, or re
fuse to submit to its execution; but no provision
was made to enforce these decisions. Congress
made requisitions, bur they were not complied
with. The Government could not operate on
individuals. They had ho judiciary, no means
of collecting revenue.
Rut the defects of the confederation need not
be detailed. Under its operation wo could
scarcely-be called a nation. Wc had neither
prosperity nt home nor consideration abroad.—
This state of filings could not becndu.ed, and our
present happy constitution was formed, but form
ed in vaiii, if this fatal doctrine prevails. It was
formed for important objects that are announced
in the preamble made iu the name and by the
authority of the people of the Uuited States,
whose delegates framed and whose conventions
approved it. The most important among these
objects, that which is placed first iu rank, on which
all others rest, is “lo form a more perfect Union.”
Now, is it possible that if even there were no ex
press provision giving supremacy to the coustitu
tion and laws of the Uuited States, over those of
the States—it can be conceived, that au instru
tion. did the States deliberately ratify such an
anomaly in the history ot fundamental legislation.
No. IVe were not mistaken. The letter o; this
great instrument i> tree from this radical fault:
its language directly contradicts the imputation:
its spirit—its evident intent contradicts it. No
wc did not err! Our constitution does not con
tain the absurdity ofgiviug power to make laws
and another power to resist them. The sages
whoso memory will always be reverenced, have
given us a practical, ami as the} - hoped; a perma
nent-constitutional compact. The Father of his
couhtry did not affix his revered name to so pal
pable nil absurdity. Nor <ii<i tho States, when
they severally ratified it, do so under the impres
sion that a veto ou the laws of the United States
was reserved to them, or that they could exer
cise it by implication. Search the debates in all
their conventions—examine the speeches of tho
most Zealous opposers of tho Federal authority—
look at the amendments that were proposed—
they are all silent—not a syllable uttered, not a
vote given, not a motion made, to correct tho ex
plicit supremacy given to the laws of the Union
over those of tho States^or to show that impli
cation, ns is now contended, could defeat it. No
—We have not erred.' The constitution in still
the object of our re vcrcuce, the bond of our U-
niou, our dcfcucc ill danger, the source of our
prosperity iu peace. It shall descend as wo have
received it, uucorrupted by sophistical construc
tion, to cur prosperity; aud the sacrifices of lo
cal interest, of State prejudices, of personal aui-
nwieitinc tlmf lODFn tit Ixi'ltlf.’ it ifltfi HYIStfillCU. '
tional.
The constitution declares that tl;e judi
cial powets of the United States extend to cases
arising under the laws ol tho United states, aud
that sucii laws, the constitution and treaties, shall
be paramount to the State conventions and laws.
The judiciary act prescribes the inode by wh ic h
' a case may be brougut before a court .of the Uni
ted States, by appeal, when a Stato tribunal shall
decide against the provisions of the constitution.
The ordinance declares there shall be no appeal
makes the State law paramount tc the consti
tution and laws of the United States—-forces judg
es aud jurors to swear that they will disregard
their provisions; and even makes it penal in a
snitor to attempt relief by appeal. It further de
clares that it shall not be lawful for the authori
ties of the United States or of that State, to en-
forco tho payment of duties imposed by the re
venue laws within its limits.
Hero is a law of the United States, not eveti
pretended to be unconstitutional, repealed by the
authority of a small majority of the voters of a
single State. Here 'is a provision of the consti
tution which is solemnly abrogated by tho sarao
authority.
On such expositions and reasoning, the Ordi
nance grounds not only an assertion of tli£ right
to annul the laws of which it complains, but to
enforce it by a threat of seceding from the Union,
if any attempt is made to execute them.
This right to secedb is deduced from the na
ture of the Constitution, which, they say, is a
compact between sovereign States, who have
i], and, as h
no appeal.
If tIn■■ doctrine find ‘. on r stal
ly Jay. the luion wmil.l have
ij., infancy. The cxcho law
file ovlbargo an t non intcicoui
lorn States, the carnage tax tu
-n shown, tliere is
■ hed at an tar-
en dissolvt-d in
i J ’• mi ,y!v ailtiL
law in tho
meat made for the purpose of ‘ forming a more
perfect Union” thantint of the confederation,
could be so constructed by the assembled wisdom
of our country as to substitute for that confeder
ation a form of Government dependent for its ex
istence on the local interest, the party spirit of a
Stale, or of a prevailing faction in a State! Ev
ery raau of plain, unsophisticated understanding,
who hears the questiou, will give such an answer
as will preserve the Union. Metaphysical sub
tlety, in pursuit of an impracticable theory, could
alone have devised one that is calculated to de
stroy it.
I consider then the power to annul a law of
the Uuited States, assumed by one’ State incom
patible WITH THE EXISTENCE OF THE UNION,
CONTRADICTED EXPRESSLY BY THE LETTER OF
the Constitution, unauthorized bt its spir
it, INCONSISTENT WITH EVERY PRINCIPLE ON
WHICH IT WAS FOUNDED, AND DESTRUCTIVE OF
THE GREAT OBJECT FOR WHICH IT WAS FORMED.
After this general view of the leading princi
ple, we must examine the particular application
of it which is made in the ordinance.
The preamble resists its justification on three
groundsIt assumes as a fact that the obnox
ious laws, although they purport to be laws for
raising revenue',- were iu reality intended for the
protection of mahufactures. which purpose it as
serts to be unconstitutional—that the operation of
these laws is unequal;—that tho amount raised
by them is greater than is required by the wants
of the Government, and, fiually, that the pro
ceeds are to bo applied to objects unauthorized
by the constitution. These are the only causes
alleged to justify an open oppo,ition to the laws
of me country, and a threat of seceding from the
Union, if any attempt should bo made to enforce
them. The’ first virtually acknowledges, that
the law iu questiou was passed under a power
expressly given by the constitution, to lay and
collect imposts; hut its constitutionality is drnwu
in question from the motives of those who passed
it. However apparent this purpose may bo in
the present case, nothing can be more dangerous
than to admit the positiou that au unconstitution
al purpose, entertained by the members who as
sent to a law enacted uuder a constitutional pow
er, shall make that biw void, for how is that pur
pose to-riie ascertained ? Who is to make the
scrutiny? How often may had purposes bcfalse-
ly imputed—in how many cases arc they con
cealed hy falso professions—in how many is no
declaration of motive made? Admit this doc
trine, and yon give to tho States an uncontrolled
right to decide, and every law may be annulled
tinder this pretext. If, therefore, the absurd ana
dangerous doctrine should be admitted that a
State may annul ail unconstitutional law, or one
that it deems such, it will not apply to the present
case.
The next objection is, that tho laws in ques
tion operate unequally. This objertion may be
mu..c with truth, to every law that has been or
can lie p issed. The wisdom of man never yet
contrived a system of taxation that would ope
rate with perfect cqunlity. If the unequal ope
ration of a law makes it unconstitutional, and if
all Uws of that description may be abrogated by
any Stato for that cause, then indeed is the Fed
eral constitution unworthy the slightest effort for
its preservation. Wc have hitherto relied on it
as tho perpetual bond of our Union. Wc have
received it as the work of the assembled wisdom
of the nation. We have trustod to it as to tho
heel anchor of our safety in the stormy times of
conllict with a foreign or domestic foe. Wo
tavil looked to it with sacred awe as the pallail-
uin of our liberties: and with all the solemnities
of religion have pledged to each other our lives
and fortunes here, and our hopes of happiness
hereafter in its defence and support. \\ ere wo
mistaken, my countrymen, in attaching this im
portance to the constitution of our country 1 Was
our devotion paid to the wretched, inefficient,
clumsy contrivance which this new doctriue would
make it? Hid we pledge ourselves to the sup
port. of nn airy nothing, a bubble that must l>o
blown away hy the fir»t breath of dissatisfaction ?
\ as this >.-lf destroying, visionary theory, the
rk of profound
«liom the, l >
I tales men the exalted
Ordinance to these laivs ‘are, that the sums in
tended to be raised by them are greater thin arc
required, and that the proceeds will be Unconsti
tutionally employed. The constitution has given
expressly to Congress the right of raising revenue
aud of determining the sum the public exigencies
will require. The States have no control over
the exercise of this right other than that which
results from the power of changing the Represen
tatives w ho abuse it, and thus procure redress.—
Congress may undoubtedly abuse the discretion
ary power, but the same may be said of others
with which they are vested. Yet the discretion
must exist somewhere. The constitution has gi
ven it to the Representatives of all the people
checked by the Representatives of the States,
aud by the Executive power: Tho South Caro
lina construction gives it to tho Legislature or the
Convention of a single State, vfheru neither the
people of the different States, nor the S’ates iu
their separate capacity, nor the Chief Magistrate
elected by the |>eople, have any representation.
Which is the most discreet disposition of the pow
er? I do not ask you, fellow-citizens, which is
the constitutional disposition—that instrument
speaks a language not to be misupdvrstood.—
But if you were assembled in general convention,
which would you think the safest depository of
this discretionary power in the last resort ?—
Would, yon add a Clause giving it to each of the
Slates, 6"r would you sanctinu the wise .provisions
already made by our constitution ? If this
should be the result of your deliberations when
providing for the future, are you, can you he rea
dy, to risk all that wo hold dear, to establish, for
a temporary nrd local purpose, that which you
must acknowledge to be instructive aud even ab
surd as a general provision ? Carry out the eon
sequences of this right vested In the different
Statps, and you must perceive that the crisis your
conduct presents at tills day would recur when
ever any law of the Uuited States displeased any
of the States, and that we should soou cease to
be a nation.
The ordiuance, with tho same knowledge of
tbo future that characterises'a fermer objection
tells you that the proceeds of the tax will be un
constitutionally applied. If this could be ascer
tained with certainty, the objection would, with
more propriety, be reserved for the law so ap
plying the proceeds, but surely cannot be urged
agaiust the laws levying the duty.
These are the allegations contained iu the or
dinance. Examine them seriously, my fellow-
citizens—judge for yourselves. I appeal to you
to determine whether they are so clear, so con
vincing, as to leave no doubt of their correct
ness; and even you should come to this conclu
sion, how far they justify .the reckless, destruc
tive course which you are directed to pursue.—
Review these objections and the conclusions
drawn from them, once more. What are they ?
Every law then, for raising revenue, according to
the South Citrolina ordinance, may he rightfully
annulled, unless it he so'framed as' no law ever
will or can be framed. Congress has a right to
pass laws for raising revenue, and-each Stato has
a right to oppose their execution:—two rights di
rectly opposed to each other—aud yet is this ab
surdity supposed to be contained in an instru-
inebt drawn for the express purpose of avoiding
collisions between the States and the General
Government, hy atr'assembly of the most enlight
ened statesmen and purest Patriots ever embod
ied for a similar purpose.
Iu vatu have these sages declared that congress
shall have power to lay nnd collect taxes, duties,
imposts and excises—in vain have they provided
that tliey shall have power lo pass laws which
shall bo necessary aud proper to carry those pow
ers into execution, that those laws and that con
stitution shall he the “supreme law of the land,
and that thejndges in every State shall be hound
thereby, any tiling in the constitution or laws of
any State to the'dobtrary notwithstanding.” Tn
vain have the people of tile several States solernn-
’y sanctioned tliere provisions, made them their
paramount law, and individually sworn to sup
port them whenever they were called on to exe
cute any office. Vain-provisions! ineffectual re
strictions! vile profanation of oaths! miserable
;mockery of legislation—if a bare majority of the
voters in any one State may, on a real or sup
posed knowledge of the intent with which a law
has been passed, declare themselves free from its
operation—say here it gives too little, there too
much, and operates uuequnlly—here it suffers
articles to be freo that ought to be taxed—there
it taxes those that ought to be free—iu this rase 1
the proceeds arc intended to be applied to purpo
ses which we do not approve—in that the amount
raised is more than is wanted.
Congress, it is true, are invested hy the consti
tution with the right of deciding these questions
according to thoir sound discretion: Congress
composed of the Representatives of all the States,
and of all the people of all tho States; but Wc,
part of the people of one State, to whom the ■•oti-
stitulion lias given no power oil the subject, from
whom it has expressly taken it away—tee, who
have solemnly agreed that this constitution shall
be our law—IN, most of whom have sworn to
support it—tr- now abrogate this law and swear,
and force others to swear, that it shall not be o
beyed—aud we do this, not because < 'ongress
have no right to pass such laws; this we do not
allege, but because they have passed them with
improper views. They are unconstitutional,
from the motives of those who passed them,
Arhich wo enn never with certainty know—from
their unequal operation, although it is impossible
from the uaturc of things, that ir should be equal
—and from the disposition w hich we presume,
may lie made of their proceeds, altht ugh that de
position has not been declared. This is die plain
meaning of the ordinance in relation to laws
which are abrogated for alleged unconslitution-'
ality. But it docs not stop there. It repeats
patriots, iu express terms, nn important act of the consti
tution itself, and of laws passed to give it effect,
-<■ law mine cas-I to whom the, Us,, ot constitutional rJurm was j tlRion itself, and of laws passed to give it effect
Virginal, were all^entrustcd l Hid the fsottlo of Washtsgton sane- j v-hich hgver ever been alleged to be Xneonsiiiu
their opinion, it lias been departed from by the
other States. Fallacious as this course of rea
soning is, it enlists State pride, and finds advo
cates iu tlip Honest prejudices of those who have
not studied the nature of our Government suffi
ciently to see the radical error on which it rests.
The l’.eople of the United Slates formed the
Constitution, acting through the State Legisla
tures in making the compact, to meet nnd dis
cuss its provisions, and acting in separate con
ventions when they ratified those provisions; but
the terms used in its construction, show.it to be a
Government in which the. people of all the stales
aollectively are represented. We ar,e one peo
ple m the choice of the President and Vice Presi
dents Here the fttaies have no other agency
tliati to direct the mode in which the votes shall
be given. The candidates having the majority
of all the votes are chosen. The electors of a
majority of States .nay have given their votes for
one candidate, and yet another may be chitsen.
The People, tlifn, and not the Stales, are repre
sented in the Executive branch.
In the House of Representatives tliere is this
difference, that the people of one State do not,
as in the case of President and Vice President,
all vote for the same officers. The pcopie of all
the States do not vote for all the members, each
State electing only itsown representatives. Rut
this creates uo material distinction. When cho-
i6ii, tliey are all representatives of theU. Stales,
not representatives of the particular State from
which they come. They are paid by the United
States, not hy the State ; nor are they accounta
ble to it lor any act done in tho performance of
their legislative functions; and, howpver they
may in practice, ns it is their duty to do, consult
and prefer the interests of their particular consti
tuents when they come in conflict wirh any other
partial or local interest, yet ft is their first anil
highest duty, as representatives of the U. States,
to promote tho general good.
Tire Constitntion of the United States, then,
forms a government, not a league; and whether
it be formed by c-nnpact between the Stales, or
in any other manner, its character is the same.—
It is a government in which all the people are re
presented, w-rich operates directly on the people
individually, not upon the States: they retained
all the power tliey did not grant. - Rut each state
having expressly parted with so many powers as*
to constitil’.e jointly with the.other States a sin
gle Nation, cannot from that period possess any
right to secede, because such secession does not
break a league, but destroys the unity ol a na
tion ; and any injury to that unity is not only a
breacli which would result from the contravention
of a compact but it is an offence against the
whole Union. To say that any State witty at
pleasure secede from the Union, is to say that
the United States aye not a nation; because it
would be a solecism to contend that any part of
a nation might dissolve its connexion with the
other parts, to their injury or ruin, without com
mitting any offence. Secession, like any other
revolutionary act, may be morally justified by
the extremity of oppression ; but to caH it a con
stitutional right is confounding the meaning of
terms; and can only be done through gross er
ror, or to deceive those who are willing to assert
a right, but would pause before they made a rev
olution, or incur the penalties consequent on a
failure.
Because the Union wait formed by compact
if is said the parties to that compact may,
when tliay feel themselves aggrieved, de
part from it: but it is. precisely because tt is a
compact that they cauuot. A compact is an u-
grccinent or binding obligation. It may, by its
ferms^ have a sanction or penalty for its breach,
of it may not. If it contains no sanction, it may
be broken with no oilier consequence than moral
guilt: if it have a sanction, then the breach in
curs the designated or implied penalty. A league
between independent nations, generally, has no
sanction other than a moral one; or, if it should
contain a penalty, as there is no common supe
rior, it cannor be enforced. A Government, on
the contrary, always has a sanction, express or
implied; and, incur case, it is both necessarily
implied and expressly given. An attempt by
force ol arms to destroy a Government, is an of
fence, by whatever means the constitutional com
pact may have been funned : and such Govern
ment has the right, by the law of self-defence, to
pass acts for punishing the offender, unless that
right is modified, restrained, ot resumed, by the
COlisiiUl lion a I act. In our system, although it is
modified in the case of treason, yet authority is
expressly given to pass all laws necessary to car
ry its powers into effect, and under this grant
provision bus been made for punishing acts which
obstructs the doe administration o: the laws
li would seem superfluous to add any thing to
show the nature of that Union which connects
but as erroneous opinions on this subject are
the foundation of doctrines the most destructive
to our peace, I must give some further devclop-
neht fo my view’s on this subject. No one, fel-
loiv-citi/en-, Iras a higher reverence for the re-
serVed rights of t e States, than The Magistrate
who now addresses you. No out) would make
greater personal sacrifices, or official exertions,
to defend' them from violation; but equal care
must he taken to prevent on their pntt an impro
per intcrtei ence »ith, or resumption of, the rights
o distinctly drawn as to avoid dotibts in some
of the exercise of power. Men of the best
nt'-ntions and soundest views may Differ in their
onstniction of some parts of the Constitution ;
ut there are others on which dispassionate re
flection can leave no douht. Of this nature np-
rs to he the assumed right of secession. It
rests, as we have seen, on the alleged undivided
ivereignty oV the States, and on their having
armed in this sovereign capacity a compact
which is called the Constitution, from which, be
ose they made it, they have the right to secede.
>th of these positions are erroneous, and some
of the arguments to prove tliein so have been an-
The States severally have not retained their
entire sovereignty. It has been shown that in
becoming parts of a nation, not memheis ot a
league, they surrendered many of their essential
parts of sovereignty. The right to make trea
ties—declare war—levy taxes—exercise exclu
sive judicial and legislative powers, were all of
them functions of sovereign power. 'Ihe States,
then, for all these important purposes, were no
longer sovereign. The allegiance of their citi
zens was transferred, in the first instance, to the
Government of tite United States—they became
American citizens, and owed obedience to the
Constitution of the United States, and to laws
made in conformity with the powers it vested in
Congress. This last position has not been, and
cannot be denied. How then can that Stale he
saitl to be sovereign and independent, whose citi
zens owe obedience to laws not made by it, and
whose magistrates are sworn to disregard those
laws, when they come in conflict with those pass
ed by another? What shows conclusively that
the States cannot he said to have reserved an
undlvidedsovereignty, is, that they expressly ced
ed the right to punish treason—not treason a-
gainst their separate power—but treason against
the United Slates. Treason is an offence against
sovereignty, and sovereignty must reside with
the power to punish it. Rut the reserved rights
of the States are not less sacred, because tliev
have for their common interest made the General
Government the depository of these powers.—
The unity of our political character (as has been
shown for another purpose) commenced with its
very existence. Under the Royal Government
we had no separate character—our opposition to
its oppressions began as United . Colonies. W
were the United States under the confederation
and the name was perpetuated, and the Union
rendered more perfect, by the Federal Coustitu
tion. In none of these stages did we consider
ourselves in any oilier light than as forming one
nation,. Treaties and alliances were made in live
name of all. Troops were raised for the joint
defence: Ilow, then, with all these proofs, that
under all changes ol our position we had, for de
signated purposes & with defined powers, created
National Governments—how is it, that the most
peried of those several modes of union should
now- be a considered ns a mere league, that may be
dissolved at pleasure ? It is from an abuse of
terms. Compact is used as synonymous with
league, although the true term is not employed
because it would at once show the fallacy of the
reasoning. It would not do to say that our Con
stitution was only a league ; but, it is labored to
prove it a compact, (which in one sense it is)
and then to argue that as a league is a compact
every compact between nations must of course
be a league, and that from such an engagement
every sovereign power has a right to recede
Rut it has been shown, that in this sense the
States arc not sovereign, and that even if they
were, and the National Constitution had been
formed by compact, there would be no right,.in
any oue state to exonerate itsell from its obliga
tions.
So obvious are the reasons which forbid this
secession, that it is necessary only to allude to
them. The Union was for/neJ for the benefit of
all. It was produced by mutual sacrifices of in
terests and opinions. Can those sacrifices be re-
1 called? Can the Stales who magnanimously
i surrendered their title to the Territories of the
j West, recall the grant? Will the inhabitants of
] the .Inland States agree to pay the duties that
I may be imposed without their assent by those on
! the Atlantic or the Gulf, for their own benefit?
j Shall there be a free port in one State, and on
erous dutioo in uauthor ? No one uellev js that
any right exists in a single State to involve all
the others in these and counties!) other evils, con
trary to the engagements solemnly made. Eve
ry one must see that the other States, in self-de
fence, must-oppose al nil hazards.
These are the alternatives that are presented
by the Convention : A repeal of all the acts for
raising revenue, leaving the Government with
out the means of suppoit; or an acquiescence in
the dissolution of our Union by the secession of
one of its members. WheA the first was pro
posed, it was known that it could not be listened
to for a moment. It was known if force was au-
plied to oppose the execution of the laws, that it
must be repelled by force—that Congress could
not, without involving itself iu disgrace and the
cuuutry iu ruin, accede to the proposition; and
yet, if this is not done in a given day or if any
attempt is made to execute the laws, (he Slate
is, by the Ordinance, declared to be out of the
Union. The majority of a Convention assem
bled for the purpose, have dictated these terms,
or rather this rejection of all terms, in the name
of the people ot South Carolina. It is true that
rite Governor of the State, speaks of the submis
sion of their grievances to a Convention of all
the States; which, he says, they “ sincerely and
and anxiously seek and desire.” Yet this obvi-
oti's and constitutional mode of .obtaining the
sense of the other States on the construction of
the federal compact, atid amending it, if neces
sary, has never been attempted by those .who
have urged the State on to this destructive meas
ure. The State might have proposed the call
for a General Convention to the other Slates;
and Congress, if a sufficient number of them
concurred, must have called it. But the first
Magistrate of South Carolina, when he express
ed a hope that, “ on a review by Congress and
the functionaries of the General Government of
the merits Of the controversy,’’ such a Conven
tion will be accorded to them, must have known
that neither Congress uor .auv functionary ofthks
General Government has authority to call such
a Convention, unless it he demanded by two
thirds of the States. This suggestion, then, is
another instance of the reckless inattention to the
provisions of the Constitution with which the
crisis has been madly hurried on ; or of the at
tempt to persuade the people that a Constitinion-
ral eniedy had been sought and refused. If the
Legislature of South Carolina “ anxiously de
sire” a General Convention to consider their
complaint--, why have they not made application
for it in the way the Constitution points out?
The assertion that tliey “ earnestly seek” it, is
completely negatived by the omission.
they are urged to pursue is one of ruin and dis
grace to the very Slate w hoso rights they affect
to support.
Fellow citizens of mv native Stale!—let roe
not only admonish you, as the first Magistrateot
our common country, not to incur the penalty of
its laws, but use the influence that a Father wool-J
over his children whom he saw rushing to cc:.
tain ruin. In that paternal lang uage, svitb that
paternal feeling, let me tell you my countrv-
men, that von are deluded by n.en who are e\.
ther deceived themselves, or wish to dereivo vtm
Mark under what pretences you have been | e j
onto the brink of insurrection r nd treason, c.i
which yon stand ! First a diminution of the vn|.
tie of your staple commodity, low ered by over
production in other quarters, and Ike consequent
diminution in the value of your lands, here th>
sole effect of the Tariff laws. The effect of
those laws are confessedly injurious, hut the evil
was greatly exaggerated by the unfounded theo
ry you were taught to believe, that its burthens
were in proportion to your exports, not to vour
consumption of imported articles. Your prid>
was roused by the assertion that a submission to
those laws was a state of vassalage, and that re
sistance to them was equal, in patriotic merit, m
the opposition our Fathers offered to the oppress
ive laws of Great Britain. You were told that
this opposition might lie peaceably—might b).
constitutionally made—that you might enjoy all
the advantages of the Union and hear none of it*
burthens.
Eloquent appeals to your passions, to your
State pride, to your native courage, to your
sense of real injury, were used to prepare you
for the period when the mask which concealed
the hideous features of disunion should be tak
en off*. It fell, and you were made to look with
complacency on objects which, not long since,
you would have regarded with horror. Look
back at the arts which have brought you to this
stale—look forward to the consequence* tu
which it must inevitably lead! Look back to
w hat was first told you as nn inducement to enter
intj this dangerous course. The great political
truth was repeated to you, that you had the rev
olutionary right of resisting all laws that were
palpably unconstitutional and intolerably oppres
sive—it was added that the right to nullify a law
rested on the same principle, but that it w as a
peaceable remedy! This character which .vss
given to it, made you receive, with too much
confidence, the assertions that were made of the i
unconstitutionality of tho law, and its oppressive i
effects. Matk, my fellow-citizens, that, by the
admission of your leaders, the uncoustitutiouali-
ty must be palpable, or it will not justify cither
resistance or nullification l What is the mean- <
ing of the word palpable, in the sense in which it
is here used ?—that w hich is apparent to every
one ; that which no man of ordinary intellect
will fail to perceive. Is the unronstilutionaiity
of these laws of that description ? Let those a-
mong your leaders who once approved and advo
cated the principles of protective duties,.answer
the quesiion : and let them choose w hether they
will be considered as incapable, then, of perceiv
ing that which must have been apparent to every
man of common understanding, or as imposing
upon your confidence, and endearotiring to mis
lead you now. In either case, tliey arc unsafe
utdes in the perilous path they urge yon to treid.
Ponder well on this circumstance, and you will
know howto appreciate the exaggerated dan:
guage they address to you. They are not chain-,
pions of libcity, emulating the fame of our Iter-
niutionjiry Fathers; nor are you an oppressed
l’eojde contending, as they repeat to yon, against
worse titan colonial vassalage. You are tree
members of a flourisling and happy Union.
There is no settled design to oppress you. You
have indeed felt the unequal operation of laws
which may have been unwisely, not unconstitu
tionally psased ; but that inequality must be re
moved. At the very moment when you wete
madly urged on to the. unfortunate course yoj
have begun, a change in public opinion had com
menced. The nearly approaching payment i-f
the public debt, and the consequent necessity t:f
a diminution of duties, had already produced a
considerable reduction, nnd that too on some ut
ricles of general consumption in your State. The
importance of this change was understood, ami
you w ere authoritatively told, that no further al
leviation of your burthens was to be expected, st
the very time w hen the condition of the country
imperiously demanded such a modification of flic
duties as should red'tcc them to a just and equi
table scale. Rut, as if apprehensive of the effect
f this change in allaying your discontents, via
ero precipitated into the fearful sta.le in whic.f
ou now find vc'urselves.
This, tli
Y<
I have urged you to look hack to the means
that were used to hurry you on to the position
you have now assumed, and forward to the con
sequences it .will produce. Something more is
necessary. Contemplate the condition of that
country.of which you still form au important
pail! Consider its government, uniting in cits
bond of common interest and general protection
so many different States, giving to all their in
habitants the proud title of American Citizens,
protecting their commerce, securing their litera
ture and their arts, facilitating their intercourse
and communication, defending their frontiers,
and making their name respected in the remotest
pans of the earth ! Consider the extent of its
territory, its increasing and happy population, its
advance ill aits, which render life agreeable, anil
the sciences which elevate tiic mind! See edu
cation spreading tire lights ol religion, humanity,
land general information into every cottage in this
wide extent'of our Territories and States! Be
hold it as the asylum where the wretched and op
pressed find a refuge.‘and support! Look on
this picture of happiness and honor, and say—X 1 -!
too are citizens of America: Carolina is one of
these proud States: her arms iiavo defended, her
best blood has cemented litis happy Union ! And
then add, if you can, without horror and tt morse,
this happy Union we will dissolve—this piciuw
of peace and prosperity we will deface—this lie:
intercourse we will interrupt—these fertile field*
we will deluge with blood—rite protection ol that
glorious flag uerenounce—the very r.n:ncso!A-
mer cans wo discard. And for what, mistaken
the position in yvhic'h we stand, men !—for what do vou throw awrav tlie-e incsti-
A small majority of the citizens of one State in
the Union have elected delegates to n State Con
vention : that Convention has ordained that all
the revenue laws of the United States must be
repealed, or that they, are t:o longer a mem.'
mahlo blessings—for what would you exchange
your share in the advantages and honor of tit*
Union ! For the dream of a separate independ
ence—a dream interrupted by bloody conflict
itli your neighbors, and a vile dependence on a
of the Union. Ihe Governor ol that State has j foreign power. If your leaders eoutd succeed tq
recommended to the Legislature the raising n! ! establishing a separation, what would be your
an army to carry the secession into effect, j situation ? Are you united at home—are you
and that he may be empowered to give clearan- j free from the apprehension of civil discord, with
cos to vessels in the- name oft lie State. No act i all its fearful consequences? Do our nt-ighiwr-
of violent opposition tu the laws lias vet been ring republics, every day suffering some new rev-
comiruttcd, but such a state ot things is hnuily j olution, or contending with some new insurrec-
apprehended, and it is the intent of this instru- j tion—do they excite vour envy ? But the dic-
meni to proclaim not only that the duty impos- tales of a high duly oblige me solemnly to aO-
on me by r. l!e Constitution “to take care that the nounce that von cannot succeed,
laws kg faithfully executed,” shall he performed j The laws of the Unhcd States must be execu
te .no extent ol the powers already vested in me j ted, 1 have no discretionary power on lliosub-
icijftttf.
oy law, or of sue!) others as the wisdom of Con
gress shall devise and entrust to me tor that pur
pose; but to warn the citizens of South Cnro-
lim. who h ive been deluded into an opposition
to the laws, ol the danger they will incur bv obe
dience to the illegal and disorganizing Ordi-
j nance ot the convention, to exhort those who
j have refused to support it to persevere in their
determination to uphold the Constitution and
' laws of their country, and to point out to all, the
J perilous situation into w hich the good people o
jfthat ■“*
jeet- tr.y duty is emphatically pronounced >?>
the Constitution. Those who told you that ye®
might peaceably prevent their execution, deceiv
ed you they could not have been deceived theiit*
selves. They know that a forcible opposition
could alone prevent the execution of the l t"*»
and they know that such opposition must be re
pelled. Their object is disunion ; bnt be not de
ceived bv nanlcs; disunion, by armed force,
treason. Aie you really ready to incur d s
— — , -f .*..,)t? If you are, on the heads of the insttg 4 *
^tate have been !etf f -~afld thut’lbc canirse-ftors of tire active thotjreadful «o*uei|teaQesT»a"