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■r*ff l m*-r -V: -SI -jra>-cirv<r,iiT> t" —*r "■ -*n»*
GOHTStY.
i; : gpp^
“With a poet’s hanJ.ahdu prophet’s fire,
lie struck the wild warMii.;;.. es h: s lyre”
IeT?! *' J\,r the Ti■ ■ •;>:■’ Stale Right* .Idcecotr.
* t,«©«PTSi thliWil.tA Sr* av/.im: !
A\-.«nk ■ North Garr.lina. awake;
Yoo'r “If ip \";t*i Winkle” slumber break, .
And one gig ntie effort make,
’i'o set your children free.
ine. And Georgia’s sons, you too awake,
HMHIT Your liberty t»i...w .it ;
M Oppressions shackles from you shake,
■Sta•■»., And never be coereeJ.
3lat. . V,e whoso fathers brtiyidytfniigbi,
'■ YVtwn our iibi rly tv is bought,
’ • Arise ! and fight like Patriots ought,
In Freedom’s Italy cause.
Now methinks, I see you stand,
■§&£ With your fathers stvorda in hand,
Dc term’d to die, or free your I md,
From Federal Usurpatioie
’Twould belter be, to die as slaves,
And be buried ’math live tod,
Where y our veteran fatli-.8 trod,
Than live arid ho us slates.
Ipjs Ouyvarj, to tbo battlefield,
EL,. .. , Fil.i.l V h.mi.l ii ad tiller Wild, x
With I'ttEtnoM, ’graved oil every siiicdd,
EJjj,. You cannot, will not fail-
A SOUTHRON.
AN OMHASCE
to rai.sk a rilvenue tor the year isaa.
TflPtil rr ouo.vtxinr r.y Titn Ixtk.vjiax’t am» Com mis-
Jfe'ls “mini -'or tui: tov, x oi' MiLLtmucYiLLi:, Titat
for the purmi.se of raising a revenue to defray the ex
petis.’S incidental totho public, rt giilations and providing
t!ie means of paying such expenses as may bo necessary
for the general benefit of.said I own for the year 1833,
the following rates of taxation bo, ami the same are
hereby iffiposrd :
On all good -. wares and i-i rehandizc, including med
icines, saddles bviuUt and bant’ sn, bools, shoes and
clothing, and the material for the fabrication thereof,
clocks, u atch >, precious stones and jewelry, held and
kept for sale in the Town of Milludgevillc, there shall
he paid ti tax of 25 cents for every SIOO, ad valorem.
On all houses and Jots, and unimproved lots, in said
Town, a tax of 31 i-i cents on every SIOO of value.
On all pleasure carriages, or carriages lor the trans
portation of persons itffpt and used in said town, a tax
of 50 cents per wheel.
On every Road \V uggon kept and used, a-lax of 50
cents per w heel. .
Oft all two horse waggons, carts and jerseys artax of
37£cctits per wheel, wlictln r said waggons, carts or jer
seys be owned by eitjz us of said town, or by persons
who are not citizens thereof.
On each while male person above 10 and undy 45
years of age, u lav of 'iWo.Dollars as a commutation for
road and street fax.
On every white an ! male person between tlio ago of
IS and iit) \ ears n tax of $1 <K) as a commutation for pa
trol duty.
Oil all slaves between the age of 10 and ,CO, a pole
tax of Abirty-seven and a half cents each.
On every’ rontn nr.’ , an.! female person of color, be
tween the at; of 15 and (id, a lax of $5,00, and who,
shall also comply with the 15th and <loth sections of an
ordinance paw .1 on the 24th day of April 1828, for the
governin' nt of tho town of Milledgcville.
Oh each and every free male and female person of
color over Sand under 15 years of ago unless bound out
a tax of s2,(it).
On all public ferries and lull bridges, Urn landings of
vriu A r within the corporate limits of said (own a lax
of twenty-five doltars.
()n each practitioner of law or motlieinc, and on each
editor til a n-wspaper printed or published in said town
a tax of ti re dollars.
On each livery stable in which the owner or owners,
occupant or occupant - may keep horses to hire, whether
fora long or short juried of time a tax of ten dollars.
On each tan-yard within the corporate limits of saifl
town at; \ of twenty-foe dollars.
On each blacksmith’s forge within the said limits, a
tax of five dollars.
On c v rv thou an 1 bri-ks burnt within the said limits,
a tax of twenty cents.
On t.U retailers oT spirituous or fermented liquors
within the corporate limits of said town of Milledgcville
in 1 -s quantities than one gallon, twenty dollars which
shall he paid within twenty days from this date, or exe
cution to issue tbr the same. •
On the hfnoui’.t of all sales at public auction a tax of
one percent,on the amount of sales returned under the
oath df the Auctioneer.
On all goods, ware and merchandize brought withilt
the cSrpiratclrmits of said Town for sale at any period
be(wee;iniie fi. t of January and the 3lstof December
o! the present year a tax of 25 cents, on every hundred
dollars ot returned or assessed value thereof, and should
any person bringing in goods, wares and merchandize
twtywta you, tail ...fuaa t.. ruturii tinea, then and in
that event, it shall he the duty of the Secretary of the
Board to proceed to have the same assessed as |>ointed
out in th • 11i.h section of.an ordinance for the internal
government of the town of Millcdgcvillo, pushed the
24th of April, 1-'23. o
Provided, tin! nothing h. r-in contained shall be con
sidered as applying to goods imported hy regular mer
chants of tie town, who are in th e custom of jiaving tax
es, or to goods brought in for the purjiose of being sold
at fiuc.tujm, but to tlio-e only imported by itinerant tra
ders or tinrciianls, w bo- remain in the town but fora
short tivic. T. F. 15KEEN, lateiidant.
A3Baxl.fi HAMMOND, Secretary
.iHWb iyic jiij. ~
“■The price ot Liberty, is eternal vigilance.”
f.cv fjituce of Virginia.
she House ill IMur.a -, on 1k HtU inst. Jiti.-e rl the follow
i)'3 preamble and resolutions,.which wore presented by Mr.
Goode, mpa substitute for Vlio.-e of .Hr. Moore. They pn«M>d
With one dissenting voice. X\ c have neither tinteors .aec for
reßSrks this week.
’l'k~ and i: ral \ cinldy of Virginia, actuated by an nr
dent de -ire to preserve the peace and harmony of our
common country, relying upon the sense of justice of
the people of each and every State ot' litis Union, as a
guarantee that their representatives in ( ongress will so
modify-ti” !■ usually culled the ’‘Tariff Ln\v -,” that
. *f; e J 5- * ,f \ii! u £ r t-o a source of complaint to the pee.
,“f ■■'■! 1 wßeulsr St at. —believing that the people . f
U'.;iilt-( ar-aiina aro mistaken in supposing that Congtcps
v. ill ftfldrd them no rebel' from the laws .in question, es
{■really upon tho auspicious approach of the extinguish,
niunt of tho public debt—confident that they are tea
strongly attached to the Union of these States to en
danger or dissolve it, whilst they have any hope of ob
taining the relief which they desire by regular and
peaceful measures—persuaded that they will listen wil
lingly and respectfully to the voice of 5 irginia, i-.U’ec
lionately and earnestly urged, that they would await the
result of a concerted and vigorous effort of the friends
of union and peacee, to effect a reconciliation of public
differences, now unhappily existing—regarding a resort
to force on the’part of General Government, or outlie
part oftlic Government of South Curolinia, as a measure,
which nothing hut extreme necessity can justify or ex
cuse in either; but npprcneiisve at the same time that
violence may occur, which .nay rAcntuate in consr
ijiCenccs that all will drjjlore, unless South Carolina will
consent to r scind her late Ordinance,or to sus|)end its
operation:—
1- Itetoh and, therefore, by this General Assembly, in
the name, and behalf of the people of I irginia,
That the competent authorifes of Somh Carolina, he,
and they are hereby, earnestly and respectfully reques
ted to rescind the Ordinance of their late Convention, or
to suspend its operation-, until tiic close of tile first session
of tho next Congress.
2. R‘ rolrcd, That tho Congress of thel . S. be, A. they
are herclw, earnestly and respectfully requested so to
modify the Tariff Laws, cs toeff -t a gradual but early
(eduction of the revenue of tlio Genera! Govt rt\jncnt to
the necessary ami prop: r cxpcndit’ires thereof.
3. Jlctoleed, Titat tbe pvbple of \ irginia expect, and
m the .opinion of tins General Assembly, have a right
to expect, that the General Govevnihent, and tlio Gov
ernment of Soutfi Carolina,'and all persons acting under
the authority of either, will abstain IVotn all acts calcu
lated lo disturb the tranquility of the counfry, or end tm
gcr the existence of the Union.
MEETING OF THE
STATE RIGHTS & FREE TRADE PARTY.
A Meeting itnparalled for number, patriotism and
worth, of the States Right and Free Trade party, was
held last night at the Circus. The Public had beenap
p/ i. id for come time of this meeting, and a general in
vitation was extended to all who felt an interest in the
honor of Sontb-Carolina, and a determination to sustain
h rin tbe boor of conflict. Accordingly ut an early
hour, tlio Circus was filled to overflowing, and from an
accurate estimate it is conjectured that there must have
been at h ast thr -r thousand persons present. CItAS.
COTES WORTH PINCKNEY, Lieutenant Governor of
the State, was called to the Chair, and Ai,u\ indi-.k IT.
Bwown, Esq._appointcd Secretary. Tho Chairman! ex
plained tho object of the meeting, after which Judge
Coicock, made an address replete with warm and enthu
siastic sentiments of Patriotism, ami concluded by sub
mitting the following Resolutions:
Whereas, a public manifesto under the style an ! title
of a Proclamation by the President of the United
Stales,” has been put forth as an authoritative exposi
tion of the Constitution of the United States, and the
rights, f the States in this Union, and when as, this E
iliot of the Executive affirms and expounds, and threat
ens to enforce by the sanction of military coercion, the
following points of constitutional law, viz :
That the Declaration of Independence was made bv
the people of thu’fecvcral colonies as one community and
not by independent States, each acting by virtue of its
own sovereignty, by which one Nation was created, and
not a confederacy of sovereign States.
That no State can be said to Iso sovereign, whose citi
zens owe allegiance to laws not made bv it.
That iiie Judiciary in expounding, and the .Executive
in executing flic laws of the Union, are the only func
tionaries who of right possess the power of finally airtl
authoritatively deciding on the constitutionality of these
laws, that this right does not belong to a State in the
Union, but was virtually surrendered when “ tlio United
colon ies” agreed to form a single NATION.
That tile “ I .nifed Colonies” having with the
other States lo form a single NaTIO.x, no State from
that period,’ possess any riglil to secede. “To say that
any state may at pleasure secede from the Union, is ta
say that the United States are not a Nation, and that se
cession, like any other revolutionary right, is only to be
justified by the extremity of oppression.
That a State having no right to decide in the last re
sort, whether the compact itas been pursued or violated,
this right.devolving exclusively on tbe department of
the Federal Government, tho Executive has tho power
to enforce by military coercion, what IIK believes lo be
a constitutional law although declared otherwise by a
sov. reign Party to tho compact.
Ri sohcd, That this nirOting views with equal aston
ishment and indignation, tho claims of pouter set forth
in tlio foregoing summary, which is a correct rxposi
lion of the doctrines contained in the text of the afore
said manifesto.
Resolved, That the alleged origin of tlie Government
of this confederacy, as set forth in the Problama
ti'on is historically nature. That hy disingenuous ver
bal icfincin- ills, its authentic history h s been perverted
lo tho extraordinary purpose of erecting on the ruins of
the sovereignty of the several States, a great consolida
ted Government “ without limitation of jiowcrs.”
Resolved, That it U an unfounded reproach to the
memories of the great and immortal spirits who declared
our independence, and formed the confederation of
I*7o, to say that a consolidated Government was created
by them, and not a confederacy of free, sovereign am!
independent States. j
Resoloed, That the allegation also made in the afore
said proclamation, that by the constitution of the United
States a similar consolidation of the governments is rati
fied, is equally without foundation, as is proved by the
sijparatc and distinct capacity in which the States form
ed that instrument, assembled in its ratification, and re
served to themselves all rights not delelcgated to the
General Government.
Resolved, That tho separate sovereignty of the
States is in no degfoc affected bv their delegating a part
of their powers, to beexercisod through a joint agency
called 1 the G orernment of the United Slates, whoso laws
arc alone supreme and binding on (ho States when
made in pursuance of tlte C .institution. \\ e, therefore,
utterly deny the llimsy sophism, that a State is not sovc
• reign, because i/s citizens aic bound to obey a constitu
tional law of tbo United-States made in strict conformi
ty with an express power, which in her sovereignty
sue'h State has clearly* delegated.
Rrsnlrcd, That the claim* which tljp President of tlio
United States has set up Hy his previous acts, and the
context and t nor of tin-aforesaid proclamation, of b.o
ing hiin»e!f tho duahand exclusive Judge of the consti
tutional validity of the laws, which he is called upon to
execute, coupled with an avowed negation on his part,
iff the right of a similar nature', appertaining to a sove
reign party to tho compact, not only puts “an inferior de
partment of the Government created by the compact
above the sorer ign parties to the compact itself,” but
stops at nothing, short of concentrating in ihe hands ofa
single functionary, the whole [rower of the! nion.
Resolred, That we view with abhorrence the direct
and immediate corollary flowing from the aforesaid
promises in the said Proclamation, to wit : that no state
had a right peaceably to secede from this Union.
Resolred, That we regard the ulterior right of se
cession as inseparable trout the sovereign character ot
the parties lo the <■ -,np it t, that no Haim to {icrpetuitv is
set up in tlio instrument itself, nor among the enumera
ted powers is any power given to the General Govern
ment, to coerco a seceding Stalointo the Union. And
hence it ceases to be a subject of surprise, that in ex
pounding a written instrument in whieii no such power
ta found, the President should hare taken refuge in the
poor resource of all arbitrary Government, for the* justi
fication of this pow< * the stale and dung, rous pretext of
stale necessity.
Witiithesa viewftand sentiments, wc not only affirm
the right of a State peaceably to secede from the Union,
should any occasion unhappily arise to require the ex
ercisc. of such a right, buLare prepared to peril, it need
be,our lives in the assertion of lids claim, so essential to
the civil ami political liberty of the .States.
Resolved, That if vv’e are.abocked at.tiie principles
of arbitrary power, which are avowed in the nforrstu!
proclamation we are equally mortified at ihe undignified
vituperation and reproach in which the President has
been pleased to indulge in the same against a sovereign
state in this Union acting through the highest organs ot
the constituted authority. Nor are we the less indig
nant of the menaces of military coercion by -which alto
enforcement of an unjust system ot Governtjient is
threatened and which wc tire prepared to meet in a man
ner that shall become the high duties we owe to our
posterity.
Resoldd, That we highly approve the manner with
which the legislature ofonr State and its cxocuiivehave
rnet the crisis presented by the aforesaid proclamation,
and have every reason to feel a just pride in ti e lofty
~|>irit oT the people of onr state, who are prepared with
united hearts at.d strong arms, to fly to her standard, in
vindication of her dearest rights and liberties.
Resolred, That thew whole Statu. Rights and Free
Trade. Parly cf Charleston w ill volunteer eti masse to the
Governor and that four c.tizens from gacit ward and six
from the neck to be nominated by the chair to receive
tl.eir enrolment, that tlx / may be organized and arran
ged to such Uniform and Lent companies as may suit
their several inclinations, locality and convenience.
Resolred, That we. have seen with the most lively
satisfaction the patriotic spirit which has impelled
Ihecitiz- ns of the country parishes composing this dis
trict, to organize volunteer troops of moulded gunmen,;
for the purpose of repairing to this city in the case trie -
public liberties of our eorm’-y should be daringly assail- i
ed, and wc oxhoft.oiir fid lev citizens to persevere in
these public, spirited < fi'-rts.
Resolved, That this meeting has viewed with indig
nation the concentration hy die government of tho Uni
ted States of military.aml natal-forces in this harbor and
on tho frontiers of Roulh Carolina, such concentration
being uncalled for by any public exigency, and if inten
ded to control public opinion by appealing to our fears
oi to carry into effect the Proclamation of the President
wc must regard it as an impotent attempt to accomplish
a most unwarrantable purpose by unlawful means,an at
temjit which could only have originated in a total igno
rance of the true character and condition of our citizens,
whose past history lias shewn,’that while they may lie
conciliated by kindness, they cannot be driven from
their purpo . s !>y threats. - ,
Re solved, That although wc have felt it lobe a sa
cred duty to manifest these determinations au.l to ex
press these sentiments, we have nevertheless seen with
lively satisfaction, not oniy, the indications of a benefi
cial modification of the TarifFbut tiio expression of sen
titncnfigjfl both branches of Congress ns well as in oth
er quarters, nuspici«t:s to the pence and harmony of tbe
Union, and that tltrse indications shall bo tne| by cor
responding disposi'ions on our part—it is hereby de
clared that it is the sense of this meeting that pending
tlte process of the measures here alluded to, all occasion
of collision between the Federal and State authorities
should be Sedulously avoided on both sides in the hope
that the painful controversy in which South Carolina is
now engaged, -tm.’ be thereby satisfactorily adjusted,
and the Union of these States, he established on a sttre
foundation.
Resolved, Should these expectations which wc sin
cerely and patriotically cherish, be disappointed, and
tile State lie left no other resource but m a firm reliance
on her own sovereignty, w c mutually pledge ourselves
to each other and our country to sustain tho Ordinance
of her Convention, the Laws made inconsequence there
of, and our constituted authorities, bo tlio buzzards
what they may- And in order that our citizens may lie
hiehlcd from tlio payment of the protecting duties im
posed by the acts of Congjcss, pronounced by tho Con
vention ofthe people ofSoiilli Carolina, unconstitutional,
null, and void, the Chatruftn of this Meeting is hereby
requested and authorised/ to nominate and associate
with himself, three commissioners, to open a correspon
dence with tlio citizens if the different Districts and
Parishes in this fflatc, for Ihe purpose of organizing and
farming a Free Tradc*[m;>brting Company, in order that
if practicable, the whole of.tljd articles of foreign mer
ehfimlize consumed by the people of this State, may
hereafter lie imported, free from the odious and uncon
stitutional tribute which we have hitherto paid.
Resolved, That vvhiie this rneetingsees with satisfac
tion from the President’s recent Message to Congress,
that he now acknowledge s, that under the existing laws
an J constitution of the U ruled States, lie has no right to
resort to military force, for the purjiose of coercing the
nute, and .of enforcing within their limits, those act£
which have been pronouneed l*v her canveutioft to be
“unconstitutional, void and no law.” Yet we cannot
avoid tbe expression of our regret at the reiteration by
tlio President, if tlir imputation upon our citizens and
constituted authorities ot a design to lew war, or com
mit some act of outrage against the United States.—
When all our mca.urca as well as ftur jvublic declara
lions have manifested a determination not to resort to
force, except ihcstme should become absolutely neces
sarv in self-defence to repel invasion, nr to maintain
within our own limits, the authorities, rights and liber
ties, appertaining ta the people ofSoutlft Carolina, as u.
Sovereign Slate.
Resolved, That vve should regard the conferring by
Congress upon the President, ot tlio extraordinary pow
ers demanded in his recent message as a gross ami |<al
p.ahle violation of t lie Ci« astitution ofthe United States,
as investing the Chi t Magistrate o. ♦pis Confederacy
with Dictatorial powers, and giving to the-Executive to
a certain extent, an ahschitocontrol over the lives, lib
erties and property of the jieojile.
Resulted, That the jvroposi lions made l>y the Presi
dent. to supersede the jurisdiction ofthe courts of this
> : !nto, ovt r our own citizeus-in eases arising under her
Ordinance and Laws, and giving to tho Federal courts
an absolute control over the Judicial tribunals of the
State, would if carried into effect, be utterly subvershe
not only of Lie right of but of every prmci
; it ot civil and political liberty.' and if submitted to,
would establish ainbupt us a foreign judicature having
cognizance of our ov.fi .State Laws andtgivitig judgment
in cases arising beta/cn our own citizens, contrary to
,th<* whole form and s/ructtire of our Government, and in
manifest violation cf the constitution, both of this State
and the United Stat .fi.
Resolred, That / iiile we cannot submit to the impu
tation of having acred rashly or unwarrantably in adop
ting measures of defence in reference loa system against
which .South Carolina hasten in vain [>rotesiing/or up
wards often years, we deem it proper once more so
lemnly and public|v' to disclaim all the objects which
have been imputai to us, save only that of relieving
ourselves from the operation of a system which we be
iieve (in the strong language once held by our political
ojiporipiits themselves) pv lie “utterly tin constitutional,
grossly unequal ami oppressive and such an abuse of
power as is incompatible with the principles of a free
Government, and the great endsof civil society,” and
tvhich we still believe must if persevcied in, reduce this
fertile State to poverty .and uttei desolation and her citi
zens to a condition of colonial vassalage.
Resolred, Titat the Executive Committee of thirteen
of the fatal • Rights and Free Trade Parly be revived,
and that they be authorised and requested to take the
proper mensures,that t! w hole Party in th Parishes of
i. Philip and fit. .I, may lie organ!m-d in such
m inner as w.ten cun-.bi.pon to am p. .ce . -. v iu our ci
vil capacity ascit n tho civil Juthoruii -of our State, |
it may be done with ah poesible.pronui(itube,cuci-rv and
effect. ’ '
“High, low, Jack & the game/'—Hat'Georgia
bullied the General Government, or has the .. resi
dent wheedled Georgia? What powerful incanta
tion haS tranquilizer! the restive spirits ol the mcar
cera’ed missionaries, atjdliy what process have they
Pec n metainor; liw (1 from bigotted be!.."v •r in I*ede
ral supremacy, into the mildest and most aubmissive
ol' martyrs 1 ' A little light could probgbl v be thrown
on tliis subject by a lew cross questions being put to
Messrs. Wayne and Fobsytu— No doubt Genova
Jackson’s invention ha? discovered that by macad
amizing the polities of Georgia, he can pass oyer
her soil, without let or hindrance to crush th 6 JN ul
li/icrs of South-Carolina. We shall see.
f Wirtffaie Intelligencer.
Extracts from t!se I’roUdcsit's .ifcssaje.
Bv these various proceedings, therefore, the State
of South Carolina lms forced the General Govern
ment, unavoidably, to decide the new’ and dangerous
alternative of permitting a State to obstruct the exe
cution of the laws within its limits, or seeing it at
tempt to execute a thread ofwithdrawing li om tiie
Union. That portion of the people at present ex
ercising the authority of the State solemnly assert
their right to do- eitheii and solemnly announces,
their determination to do one or the other.
In mv opinion both purposes are to he regarded
as revolutionary m their character and tendency,
and subversive of the supremacy of the laws and ot
the integrity of the Union. The result of each is
the saiye: since a State in which, by an usurpation
of power, the constitutional authority of the Federal
Government is openly defied and set aside, wants
only the Ibrm, to be independent of the Union.
The right of the people of a single State to ab
solve themselves at will, and without the consent of
the other States, from their most solemn obligations,
and hazard the liberties and happiness of the mil
lions composing this Union, cannot be acknowledg
ed. Such - authority is believed to be utterly ropug
: nant .both to the principles upon which the general
government is constituted and to tiie objects which
it was expressly formed to attain.
Against all acts which may be alleged to trans-
cend the constitutional power of Government, or
which may be inconvenient or oppressive in their
operation, the Constitution itself lias prescribed the
modes of redress. It is the acknowledged attribute
of free institutions, that, under them, the empire ql
reason and law is substituted for the power of the
sword. To no other source can appeals for suppos
ed wrongs be made consistently with the obligations
ol South Carolina; to no other can such appeals be
made with safety at any time; and to their decisions,
when contitutionally pronounced, it becomes the
duty no less of the public authorities than of the peo
ple, in every case, to yield a patriotic submission.
That a State or any Other great portion of the
people, suffering under long and intolerable oppres
sion, and having tried till constitutional remedies
without the hope of redress, may have a natural
right, when.their happiness cannot lie-otherwise se
cured and when they can do so without greater inju
ry tqpthers, to absolve themselves from their obliga
tion to the Government and appeal to the last resort,
needs not, on the present occasion, be denied.
The existence of this right, however, must depend
upon the causes which may justify its exercise, ll
is the ultima ratio, which presupposes that the pro -
per appeals to all other means of redress have been
made in good faith, and which can never he right
fully resorted, to, unless it be unavoidable. It is not
the right of the State, but of the individual, and of
all the individuals in the State. It is the right of
mankind, generally-, to secure, by all means in their
power, the blessings-of liberty and lie ppinc.-ss; but
when, for these purposes, any body of men have
voluntarily associated themselves under a particu
lar form of government, no portion of them can dis
solve the association without acknowledging the
co-relative right in the remainder to decide whether
that dissolution can be permitted, consistently with
the general happiness. In this view, it is a right de
pendent. upon the power to enforce it. Such a right,
though it may he admitted to pre-exist, and cannot
lie whnly surrendered, is necessarily subjected to
limitations in all free governments, and in compacts
of all kinds lrocly and voluntarily entered into, and
“in which the interest and welfare of the individual
becomes identified with those of the community of
which he is a member. In compacts between indi
viduals; however deeply they may affect their rela
tions, these principles are acknowledged to create a
sacred obligation; and?in compacts of civil govern-
ments, involving the liberties and happiness of mil
lions of mankind, the obligation cannot be less. ■
Without adverting to the particular theories to
which the federal compact has given rise—both as
to its formation and the parties to it,—and w ithout
inquiring whether it be merely federal, or social, or
national it is sufficient that it must be admitted to
be a compact, and to possess the obligations incident
to a compact; to boa compact by which power is
created on the one hand, and obedience exacted on
the other;?, compact freely, voluntarily, and solemnly
entered into by the several States and ratified by
the people thereof respectively; a compact by which
the several States and the people thereof respective
ly have bound themselves to each other and to the
federal government,and by which the federal gov't,
is bound to the several States and to every citizen of
the United States. To this-oompaot,—in whatever
mode it may have been done, —the people of South
Carolina have freely and voluntarily given their as
sent, and to the whole and every part of it they are,
upon every principle of good faith, inviolably bound.
Under tliis obligation, they arc bound, and should b£
required, to contribute their portion of the public
expense, and to submit to all laws made bv the com
lnon consent, in pursuance of the Constitution, for
die common defence and generAl welfare, until they
can be ciianged in the mode which the compact has
provided for the attainment ol.those great ends of
the Government ami of the Union. 'Nothin v less
than causes which would justify revolutionary rem
edy can resolve the people i'roiy this obligation; by
which, under the compact, it is bound to the other
States and to every citizen of the United States.
These deductions plainly flow from the nature of
the federal compact, which is one of limitations, not,
only upon the powers originally possessed by the
parties thereto, but also upon those conferred o’n the
Government and every department thereof. It will
lie freely conceded, that by the principles ofour sys
tem all power is vested in the people, hut to be <'x
ercised in the mode, anti subject to the cheeks wdiieli
Hie people themselves have proscribed. These
chocks are undoubtedly, on different mollifications
ol the same /treat popular principle which lies at the
foundation of the whole, but are not, on that account,
to lie less regarded or less obligatory.
I pen the powers of Congress, die vetoofthc In
centive, and the authority of the Judiciary which is
7 ’ I 7 U r■ IO ’• 11 casos u ‘ l , ;uv equity arising un
uei the Constitution and laws of the United States
made m pursuance thereof.” are the obvious checks;
and the sound action of public opinion, with th c u t
timate jiower of amendment, are the salutar- a . i
only limitations upon the powers of the whole/ M
However it may be alleged that a violation' of th
compact by thc measures of the Government ran ■ r
feet the obligations of thc parties, it cannot even {*' •
pretended that such violation can he predicate ! f
those mi astute's until all the rbtwtit.ffiohn! rrrprfo
shall have been fully tried. If the Federal Gove **
meat exercise powers not warranted by th e CunU ■
tution,.and immediately affecting individuals. 7■ i
scarcely be denied that thc proper remedy'is a / ’
course to the Judiciary. Such undoubtedly is 7"
remedy for those who deem the acts of Goner>7
laying’duties on imports and providing for their cos
lection to be unconstitutional. The whole operation "f
such laws is upon the individuals importing the mcr
chandizc: a State is absolutely prohibited from liv -
ing i nposts or duties on inijiosts or exports,witho »
the consent of Congress, and cannot become a party"
under tligse laws without importing in her owii
name, or wrongfully interposing her iptftcg'fv a
gainst tnem. by thus interposing, however, die car
nut rightfully obstruct the operation of the laws ■ "
on individuals. For their disobedience to or viola*
tion of the laws, thc ordinary remedies throunh the
judicial tribunals would remain. And, in case wU™
an individual should be prosecuted for anv offeree
against the laws, he could not set up, in justification
of his act, n law of a State, which being unconstitr
tional, would therefore he regarded as null and void
The law of a Stale cannot authorize tlie"ep!nmi s^,ra
of a crime against the United States or Iny other
act w hich, according to the supreme laws of !h -
Union, would be otherwise unlawful; And it iseouul
ly clear, that, if there be any case in w hich a Sam
as such, is affected by the law beyond the scope of
judicial power, the remedy consists in appeals to tL
people either to aflect a change in tiie representation
or to procure, relief by nn amendment of the Consti
tution. But the measures of the Government arc to
be recognized as valid, and consequently supreme
until these remedies shall have been cftcctnaHv tri
ed: and any attempt to subvert those measures or t ,
render the laws subordinate to State authority, and’
afterwards to resort to constitutional redress, is
worse than evasive. It would not be a pfoper rej
sistance to “a Government of.unlimitcd powers”—ij
has been sometimes pretended,—but unlawfuloppo-ij
sition to the very limitations on which tho hariixjJ
nious action of Government and all its parts, ahsof
lutelv depends. South Carolina has appealed il
none of these remedies, but incited, has defied them
all. While threatening to separate from the Uni®
if any attempt be made to enforce the revenue lavs:
otherwise than through the-civil tribunals of tie]
country, she has not only not appealed in her os-pi
name to those tribunals which tiie Constitution tasj
provided for all cases in law or equity arising unocr
the Constitution and laws of the United States, Inti
has endeavored to frustrate tlfeir proper action ®
her citizens, by drawing the cognizance of eases al
der tho revenue laws to her own tribunals, specials
prepared and fitted- for the purpose of euforetnalfl
acts passed by the (State to obstruct those laws, aol
botli Judges and jurors of which will be bound by ti
import of-oaths previously taken to treat the Const!
till ion and laws of the U. States irr tills respect as;
nullity. Nor lias the State made the projior a- peq
to public opinion and to the remedy of amendment
For, w ithout waiting to learn w hether the othe
States will consent to a Convention, or if they dj
will construe or amend the Constitution to suit lie
views, she has of her own authority altered the in»
port ot that instrument and given immediate effect#
thc change. In’fino, she has set her own will -m
authority above the laws, has made herself arbifei
in her own case, and has passed at once oyer all iff
termodiato stops to measure of avowed reststahjj
which, unless they- be submitted to, can be enfnrdi
only-by the sword. ..-.puis
In deciding upon the course which a high sense-1
duty to all the people of tiie United States iittpol
upon the authority of the Union, in this emergen#
it cannot be overlooked that there is no sufficis
cause for tiie acts of S. Carolina, or for her thus gj
cing in jeopardy the liappinesf of so many milliij
of people. Misrule and oppression, to-warrant ■
disruption of (he free institutions of the union of thil
Slates, should be great and lasting,—defying I
qtlier remeuv. For causes of minor character, tij
Government could not submit to such a citastrop|
without a violation of its most sacred obligations
Ihe other States of the Union, who have submits
their destiny to its hands.
There is, in the present instance, no such cat;®
either in the degree of misrule or oppression col
plained of, or in the hopelessness of redress by cis
stitutionhl means. The long sanction they have *
ceivc-d from the proper authorities and from the pe
pie, rot less than the unexampled growth and i
creasing prosperity of so many millions of freeing
attest that no such oppression as would justify, <
even palliate such a resort, can he justly imputed e
ther to thc present policy- or past measures oft!
Federal Government. The same mode of colie®
ing duties a.nd for the same general objects, whit
began with the foundation of the Government, at
which has conducted the country through its subs
quent steps to its present enviable condition of !wf
piness and renown, has not been changed. Tat
•tion and representation thc great principle ot tit
American liev<iluiion—have continually gone ha#
in band; and at all times, and in every instance, 1
tax ot any kind has been imposed without thepartij
ipation, and in some instances which have been cob
plained ot, with the express assent of a part of ti
UepreScntativos of South Carolina in the councils]
' the Government. Up to the present period, no rrt
e.iue has been raised beyond ihe necessary'wantsa
Ihe country, and tiie authorized expenditures of ffl
Government. As soon as the Imrthern of the ptf
lie debt is rein ived, those charged with the admins
tration have promptly recommended a correspond
ing redupiion of revenue.
* It U V
Against su-h a force as the Sheriffmay, and whij
by the replevin act of South Carolina, it is his dul
to exercise, it capnot he expected that a coiled!
can retain his custody with the aid of the inspected
In such case, it is true, it w-ould be competent toj®
stitute suits in the United States Courts again!
those engaged in the unlawful proceeding: or tap
property might be seized for a violationdie rev
enue laws, and being libelled in the proper court*
an order might be made for its re-delivery, vmC“
would be committed to the Marshal, for execauon.
Hut in that vase the lth section of the act, in bnj* 1
and unqualified terms, makes it . therduty of the
nil -to prevent sucli re capture or seizure, or to re-UJ
liver the goods, as the case, may he," even “UWj
any pro.-; oi d--r or decrees, or other pretest Wj
trary to the inte fntent and meaning ol'the 1
a nee fif>rc-.iid.” it is thus made w duty of wj
Mienil t > oj.ji,, ■ the process of the Cnorft PI
l niied Stan . and. tor that purpose, if
uiipto , the whole power of UiO couiitrv: aod “j
cvpio .ly n • rves to liim all power, ’which irtFf