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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"