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THE COXSTITI'TId.IiALWT. !
01* ST BU.WH.
IT TERMS—F or the peim-weekly paper, pitbli»tu. - d
every Tuesday am* Friday morning, $o per annum t
and for ‘he weekly §3, ail payable in advanoe.
JT ADVERTISEMENTS arc inserted weekly for G 2"
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first, and 43 3-4 cents lor each subsequent insertion,j
and Monthly fur $( 1, 00 per square for each insertion.
FW yearly advertisements private arrangements ar<y
to be made. A deduction t? made on tho advertise-1
tnents ol public officers.
•Jj* Pu.xtagc must be paid on letter® of bittiness.
From the Southern Banner.
G VIM-SVTJ.I.F-, Augtwf 14, 1832.
David C. Neal, Flsq.
J)i: \ k Sut: —Believing the resolutions pre-j
Sented by you f<> the meeting of a jiortion of our
f-ik>u citizens at tho court iiotiso in this place, j
oa the 1 »th instant, as t substitute for those of
fered hy Robert Mitchdl, Esq. do accord with
the views ol" a majority of our citizens, if each
could l»e Kurd, we, therefore, earn--ally request;
a cof»v oflh-m for publication. We are [cr-;
s ueh'd the- time lias arrived when < leorgiashould
take sorm steps to throw off the burthens of the
American System, when our state has. been do
-1 flaring this system, for the last sixoreigh'
years, to he uuconstiluUunal, and cons .qnetuly i
Void.
There is a species of the reptde creation,'
juucji admired lor its gen erous warnings altho
its blow is deadly, and the friends ol the Ain-’ii
can System or unjust taxation. should not now j
charge cxir state, no matter what course sae
may pursue, with a silent and savage policy,
when h'ir repeated warnings and admonitions
are remembered. We believe, sir, your r so
lutions, unlike those adopted, proj»ose relieving
in some manner, as the wisdom of the s T aa; max
determine, the present oppression of the South ;
Jk wo propose, that you supply the blank in your
second resolution, with the second Monday in
October next, as u suitable day for electing tho,
delegates therein proposed ; and wo hope the
people of Hall will assemble at the court house!
*n this place on that day, for the purpose of
electing those Delegates.
- ResfHjctfull v your obedient servants,
L. CLEVELAND,-
TIIOS. HOLLAND,
J. W. JUNKS,
ROBERT JONES,
GEO. W. BROWN,
RICHARD BANK'S,
THOMAS S. TATE,
AV. HARDEN,
m. k. McWhorter,
I JAMES C. TATE,
I M. R. MITCHELL,
J. 11. CATES,
O. BUFFINGTON.
To David B, Neat., Esq.
4 Gainesville, August 14th, 1^32.
I'etitlenieu .* A our note of to-day i-s before me. ■
lirely agree with you in believing, if the,
le people of Hall duly understood the extent
icir oppressions, that they would determine,
hour for action had arrived. From the bur
call of the late meeting, and tho tenor of the.
ation gonernlly circulated, many, no doubt,
themselves excluded, while others believed i
;ood could result from an interference w ith
Ji Carolina doctrines. Believing, as I do,|
it becomes us to consult . and devise some
ns of relieving ourselves from unconstitu
rl legislation, I presented on the occasion,
led to in your note, such resolutions, as Ij
ghl the crisis demanded; and although they!
: not adopted, yet my faith is none shaken j j
o correctness of the course. —Whether aj
WlATbcf SIBETr orgreaf, I believe they arc j
illy entitled to bq heard, but when l iemom
the highly respectable and numerous minor!-i
vho supported my resolutions, 1 should he;
ting to you, gentlemen, and those who like
would be free iu letter and spirit, il 1 could j
hold the resolutions so respectfully called
1 therefore cheerfully enclose you a copy,
ng supplied the blank as requested by you.
•tnir fellow citizens shall determine to co
ate iu this work of freedom, 1 am sure, gen- ;
en, no one will be more willing to lend his
1c aid in effecting the desirable- reform than I
ccept, Gentlemen, individually and collcc
v, the assurances of my high regard mu!
em. DA A ID C. NEAL.
lessrs. Cleveland, Holland, dja - .
PREAMBLE AND RESOLUTIONS.
’e hold it the dictate of prudence in all as- j
itions, whether between individuals or states, |
*Vo u specific charter, pointing out the ob
i of ‘he association, as well as the principles
dvshtll govern. Wo recognise tho Uon
*i t l *thc United States to be the charter of
:exerdsta’es, forming that association known
ic United States.
'c hold vs the glory of every republic, and
itiu. to its preservation, that a majority
ru the minoritx', while the majority is con
id by, or eels in accordance xvith the consti-j
n of the republic ; but, when interest,
ition, or any base motive actuates a nmjori
overlcap ordisregard constitutional barriers.
lieHshed principle of majorities bearing rule
o longer dear, and minorities form the;
ur tribunal amongst independent states, ofj
iriugsuch acts unconstitutional, and con-’
ently void. Wc believe the Union of these'
•s was forme ! at the sacrifice of each —that
in j ’ vig the confederacy parted w ith some
; v filial rights, retaining at the s .me time!
fi ic'ncy of those inherent rights, to make
state inder tit of the rest, and independent
e who. except in the exercise ot expressly
rated ■ .vers. We believe a preservation;
eU .on is only desirable, and alone to be!
d f r, by maintaining inviolate, the rights of
Fries, and this can be effected in no other
io.\ titan by adhering strictly to the princi.
of the c •nstitution.
b believe the principles of the con- \
t on have been abandoned in the passage of
icvoral Tariff laws, by the Congressof the
ed States, since,and in the year IS'-M.
r e b. • 've it the duty of good citizens to peti
and remonstrate against the passage of un
titutionai laws, or for their repeal when
?d; and we likewise hold ail just govern
s or majorities therein would speedily regard
i the compl_mts of the minority, and as !
icrs of the same family would instantly re-j
i them.
is with painful emotions we recur to the:
v, the repealed complaints of the Southern!
is. and particularly of Georgia, made to our'
rron parent, the General Government, re-;
e to the injustice of the Tariff; and doubly
ad are we in the listless in
rcncc manifested towards those complaints,
eqanse wc love this Union, wc have almost
rnje suppliants to our Northern brethren, in
ng a reduction of duties or just modification of
protective system. In addition to our many j
ions, the wliole arrav of Southern talents on
floor of Congress has enlisted ia-odvoqating
, the justice of O’TT complaints, and kindled into
eloquence by the glaring injustice of the system,,;
have wielded arguments unanswered, and un-;’
answerable ; yet, all, all, have failed to obtain t
redress, and credulity itsell is now striptol everx
i. hope.
Be it therefore resolv'd, That we as a eom
■ ponent part of the people of Georgia and of the
oppressed South, will no longer submit to tho
(■unjust and unconstitutional exactions of the
Tariff of the United States, than the mode of re
dress and manner of resistance can he agreed on
‘ bv the good citizens of Georgia.
And be it further resolved. That the voters
l of this couutv, art hereby requested to asset ible
‘a! thecour house in this county, on the second
Monday in October- next, lor the purpose oi
electing four delcgatesAo convene with delegates j
! from other counties of the state, at Milledgcvd’.-,
j-rm the second Monday in November next-, to
determine the mode and manner of resisringtht
T a riff. I
Be it further resol\*cd, as the sense of this)
i meeting, we most ardently desire the re-election
;;.,rour patriotic Chief Magistrate, Andrew Jack
i js>ri, and pledge ourselves to vote for no elector
'wlio will not support-him, for wc confidently be
qlii.-vc il it were in his power, the South would at
once he relieved from the unjust taxation. impos
ed on it bv Henry Cluv and Ins minions.
A'ff Q-'CT 3tj!'A»
Ij l idi; w,MU ! i:uiti:it 7,t
S'S The maticr contained in cur columns, shows that
;j v.» could not squeeze in them a word of ov.r own, upon
jtlie great topics of the day, and that no apology is re
i qmred tor postponing until next Tuesday, the publica
i tlon of"
1. The proceedings of the public mseting in Burke
. C ounty.
2. The proceedings of the public meeting in Trdup
County.
3. 'l'he proceedings ol the puldic meeting in Morgan
i County.
4- The proceedings ot the public meeting in Newton
County.
a. A letter from Maj. John A Jones, addressed to tlvc
! senior editor of this paper.
G. A communication to the Augusta Board of Health,
by the Chairman, Dr. M. Antony.
BV CAST XltiUT’S MAIL.
' The Charleston papers inform us of the entire suc
|! cess of the Nullification Ticket for Intendani and War.
I!dens, by pn average majority of IGtk 'lAie votes polled
K were 2i)7u, a greater number tlum at any former election.
The majority obtained on this occasion, could never be
| ; dwelled on as a matter of importance, except in a case
j of extreme excitement.
j| Mess as. Guiec &. Bence.— Gentlemen, I perceive in
your paper of the 2ekh ult. an account of tt public mcet
niir held at the house o! Capt. John Harris, oa the 2oth
ult. at which it is stated that Col. Zach. Williams acted
-ns Chairman, and Mr. B. Urane, Secretary. The in
irodnction of my name into that account, and other cir
! cumstonci s not necessary for me at this time to detail,
' render it my duty, as I conceive, to give to the public a;
j statement in reference to that meeting.
In tho account published two erroneous, impressions
! arc endeavoured to be made ; first, that a large portion
'of the citizens of Columbia County were assembled on |
J that day at Capt. Harriss’ ; and, secondly, that they all, j
" w ith but one dissenting voice, concurred in the adop-;
j tion of those resolutions. Now, there were a number!
of persons at Capt. Harriss’ that day, from various parts;
of the county, who had met there, not to hold a public !
; meeting, (with tin? exception of two persons, I presume,) !
■ but to partake of a Barbecue dinner ; the precise mini- j
i her is not known to any one, I expect, but in my opin-1
ion, which is confirmed by that of several gentlemen i
1 who were present, they amounted to an hundred—not !
' a very large portion of the citizens of Columbia county, I
| when conipnred to the number cf voters, which ia sel-1
j dum Ifess .than eight hundred, and when the number of |
persons present, and who took part in the passage ofj
those resolutions, are considered, which I believe, did I
not exceed thirty-five, and not more th .n one third of
them, rated in favour of the passage of those resolu
tions A -rr-xvilt stand' 12 to-80t)—a very smalt portion.
Such is my belief as to the number of persons adopt,
ling those resolutions, which is corroborated by tire
! statements read to me by several gentlemen, with whom
i j have conversed upon the subject, three of whom have
I given me certificates to that efleet which i hereunto ‘
annex. I
The fact is many of the persons at the Barbecue had .
1 attended the public meeting at Appling, two days be
fore, and had concurred in the resolutions passed there.
I That meeting had been regularly called, widely |
advertised, and was well attended. Others wore j
apprised that a county meeting had been held, and 1
the agreement entered into to send Delegates to ai
Slate Convention, and Mere disposed to concur with j
j their follow citizens in that step, or at all events,
| had no desire to oppose (he will of the county, j
II others 1 think were taken by surprise; and some per-j
h ips from personal regard or respect for the movers ofj
1 the meeting, attended, some voting and others not. Ot j
1 those voting for the resolutions I have no right to doubt;
the purity of their intentions, I have a personal acquain-
I tance w ith a few of them, and cannot believe they would
give any other than a conscientious vote.
An absence from the county several days, and busi
ness, has been the cause of my del iv in tlii - publication.
sr.s VfONS CRAWFORD.
■Appling, Columbia county, : , Sept. 1632.
! Georgia , CnlumVui county.
AVE, the undersigned, states, that xve went to the i
house of Capt. John Harriss’, on the 2. r )lh ult. to partake '
of a Barbacuc ; when, to our surprise, in the evening, |
Col. Z. Williams summoned the people together for the j
purpose of passing resolutions in relation to the tariff; j
j and after .'Netting the meeting, he was appointed chair- 1
j man, an.' it. Dranr, secretary, and adopted the rcsolu-!
.tionsr.s published in the Georgia Constitutionalist of die
28tl. ult. We cerlifv 'hat tve do nut b« iieve there was I
more than an htiud., J persons attending the Barbacuc,,
and at the time pas.-, ig the resolutions published, we ■
do not believe thc.numoer to have exceeded thirty-five ;
persons, and not more than a third of that number rated
in favor of the resolutions, and one against ft.
JOHN Y. BAYLISS,
HARRISS P. SPIER,
JAMES WASHINGTON.
September Ist, 1532.
.Ansners received- by Hie Itielunond
Committee of Correspondence on tlio
subject of Nullification.
Avgusta, August 30, 1832. I
Gentlemen : —Your address made in perform
ance of a duty imposed on you by Resolutions
adopted at a late meeting of our fellow-citizens
in this j dace, on the ISth inst. has this day been
received,, and it is with pleasure I reply : and as
sure them through you, that 1 am opposed to mil- j
lificalion ; and whilst I consider the Tariff une-!
qual, unjust and oppressive, I have no idea that
it is the proper remedy to afford us relief, but on
the contrary, if ever attempted to he inforced,
; would involve ns in the most serious difficulties
' with the General Government, without effecting
tho object we desire.
Respectfully, xour fellow-citizen,
' ' A. RHODES, j
Messrs. Camming, King and Slaughter.
M vcox, Ga. August 30, 1532. |
Gentlemen :—The Augusta Constitutionalist:
of the 28th Hist, having just now been put into
inv hands, I have read and approved your cir
cular of the 20th. In reply, I have to observe
. that I am and ever have been opposed to a dis
solution of the Union of the North American
: States, and that I view Nullification, as it is cx- j
■plained iu Georgia and South-Carolina, as hav
iitig no place iu the Federal Constitution, as a j
fraud attempted to he imposed on the people, and
that, should it unfortunately ho brought into;
practical operation, it cannot fail to produce an- ’
arcliv, rapine, civil war, and the dissolution of!
the United States as a confederated body.
With much esteem, gentlemen, I remain your
obedient servant.
DANIEL M. STEWART.
Mes9rs, Camming, King and Slaughter.
Eatonto*, Ist September, T 832.
Gentlemen, —You ask me, in behall of the
citizens of Richmond county, tor my “ senti
. ments in regard to nullification.
My answer to the enquiry has beca necessa
rily delayed, in consequence of absence from
home. I believe the doctrine unsound in theory,
and that, if reduced to practice, it will be pro
idactive of cv ■ !< disastrous to tnc country .
The imjiortaßce of muted action to a success
ful opposition to the tariff, must bo obvious to all.
! Tiiis object would, I think, be accomplished by
• n Southern Gonv uition. so secure as much
harmony in feeling and in action as can well be),
"expected in a time of such high excitement as.
the present, it should, I conceive, lie the purpose jj
lof all in pres-nting their views, to do so with as
jjmueh regard to the feelings and motives ot o- ,
jthers, who rnav differ w ith them in opinion, as ,
i possible; believing that, tow ever much we may :
'differ as to inodes, all our objects, like our in- i
f t< rests, are common —tlie preservation ot out j
| cons*itutiooul rights, and the pcrj>cluity ot the
L'u ion.
Respectfully yours,
' HENRY C RAN HAM. j
Messrs* Cumnung , King, and Slaughter.
Momhok, ( Walton county,) Aug. 29th, 1832..
HFf. ClllMillillg, KilJg slaughter,
Gentlemen : —Your favor under date 20th insi,.t
j as a Committee appointed by a Meeting of the j
.(Citizens of Richmond County, has this moment j
■ been received, and I hasten to answer it.
The importance of the crisis is such in my |
i opinion as pis':ties not only the citizens ol Rich-;
j mond, but of every County in the State, to do- j
I mand of those who present themselves for pub-j
ijiic favor a frank and lull avowal of their senti- j
; it is wb*t voters have a right to demand
jjand what candidates have no right to withhold,
j Thus impressed, i can have no objection to give
i you, and through you to my Fellow-Citizens of;
1 Richmond and every other County* my “ senti- j
( ments in regard to Nullification.”
i If I understand what its advocates in a neigh
■ boring Stale and those in our own, mean by the
; term—it is, that a State, in its Sovereign cbarac
! ter, has a right to interpose and prevent the exe
cution of a Law of Congress, for instance the
Law regulating the duties on imports, and yet
remain a member of the confederacy—and it is
; urged in support o{ this, shat as one ol the O/igi-
I naT parties to the contract, no umpire having
been qhosen, that the Slate in its Sovereign char
acter has the light to judge ol any infraction
and of the mode anti measure ol redress, and in
the application of this rule, that ii Congress
should pass any law which any State should be
lieve lo be violative of die original compact, such
State has a right to interpose and prevent its
execution w ithin its Territory. 1 Grant this {low
er, and the wheels of the General Government
are as securely locked as its worst enemies, could
desire. Every law of a general nature passed
by Congress, some one State might interpose
its sovereignty and prevent to execution —for it
| is not material whether the Law he unconstitu-
I tional or not, so a State will consider it so ; they
j would have the right to treat, it accordingly, and
! from Louisiana to New-Hampshire oue uuiver
j sal scene of confusion might prevail. Can such
i a state of things ho desired ? A State in its
j sovereign character may do what she pleases
j within ker own Territory, provided, however, she
j docs not interfere with another Sovereignty.—
| There cannot be two Sovereigns over the same
| subject, and as the laying of duties on imports j
| is delegated to the General Government, it is j
( Sovereign for that purpose, and the State may j
not exercise her sovereignty to the prejudice ot
the other.
But to be more particular, its advocates have:
contended that it is a Constitutional und peacoa-||
hie remedy. There is nothing in the Constitito
I lion that can he tortured into the giving such f
1 power. As to its being a peaceable remedy, that I
i would depend entirely on the General Govern- j
meat whether or not it would enforce its Laws or
I attempt it ; if she would not attempt to enforce
i her Laws, then to he sure it would be peaceable.
; But can any man, who has an ounce of human
1 sense, believe for one moment, that the General
Government would fold its arms and permit its
| revenue laws to he thus prostrated without an
j effort to enforce them ? No man can believe it.
; j 15at sav its advocates, it is peaceable on the part
I of the State, and when the law is attempted to he
I. enforced, the General Government is the ag
jgressor, and the State would have the right of!
j resisting fDree by force. So was the whiskey J
insurrection in Pennsylvania peaceable, until [
Gen. Washington put forth the arm of the Gov
ernment, to crush it. So is every armed smug
gler very peaceable, provided the Government
will not attempt to arrest or seize. It is, then,
in mv opinion, neither a constitutional nor peace
: able remedy. If, then, it he neither Constitution
j al, or peaceable, how is it to be justified? In no
I other way than as a revolutionary measure, and
! for one, I am free to confess, I am not prepared
to wish my Country plunged in all the horrors
:lof a Civil War.
,j It is said by some of the Imt spurs, that For
eign aid would bo invited. Are they sure it would
be obtained, and if obtained would not the For
eign power thus aiding, demand and receive
i some equivalent, and would not such equivalent
1 in al! human probability, he a burden grievous
Ito be borne ? It is a subject of the deepest in
,l terest not only to our own country but to the
! civilized world : our institutions have been con
; sidcrcd a polar star for the march of freedom;
every where.—Shall we extinguish this light ?!
Shall we, by being flattered and wooed fur a few i
months, follow in the wake ? Rush to the side, |
or lead the van of those who in their mad career j
have now reached and are pausing on the brink j
of the precipice, and looking to see what we |
; shall do ? I hope for better things. I trust that I
the effervescence will pass!off, and that those
; who for reasons best known to themselves have
labored to produce this excitement, will be dis
appointed—that Georgia will be found, as she
always has been, true to Herself, the Constitu
tion and the Union.
You will readily perceive that my ideas have!
been thrown together hastily and without sys-j
tern. I have this evening reached home from
Court and the mail waits. Should my views!
meet the approbation of ray Fellow-Citizens, it;
; will be gratifying, otherwise it would be a source j
I of regret, alleviated, however, by the smiles ofij
• • t 1
an approving conscience.
verv respcctfullv, your Fellow-Citizen.
THOMAS W, HARRIS. j
II
j!
Columbus, 23th August, 1832. :|
Gentlemen , —Your letter of the 20th Aug.s!
covering the resolutions of the Richmond meet-(I
ing. with your request to know my “ sentiments|j
in regard to nullification,” has just been receiv- |
ed. When called on by a public meeting of my
fellow-citizens, I feel no difficulty in expressing j|
limy opinion upon any subject of public interest,ij
when that subject is presented to me understand- j|
'! ly ; but it is out of my power to give a specific
answer, in regard to a matter that I do not dis
tinctly understand. So many versions and read- |
ings have been given to the term “ Nulfijica- \
i.fion,” that I do not know in what sense, it is in- f|
i ! tended to be used by the meeting; and would '
prefer postpctiing ft reply, till I could be cor
rectlv informed. Lest, however, I may be sub
jected to the imputation of attempting unneces
sary delay, by waiting till I could receive that
information, I will endeavour, so far as I am a
blc, to comply with that request, and proceed to j
give vou mv opinions.
" I agree then, with the third Virginia Resold
tion, which I have long made part of my politi
cal text book, and which reads thus ;
■ “ That this assembly,” (the Virginia Legis
lature,) “ doth explicitly declare, that it views
the {towers of tto “Federal Government, as re
sulting from the compact to which the states are
!! parties, as limited by the plain sense and inten
tion of the instrument constituting the compact,
l and as no further valid, than they are authoiis-i
led by the grant- enumerated in that compact;
lend that in case of a deliberate, palpable , and
j dangerous exercise of other powers, not granted
i by the said compact,'the States, who are the par - ;
'■ties thereto , have the right , an I arc in duty hound,
to interpose, for arresting the progress of thee- 1
ttvV. and for maintaining within their respective
!j limits, the authorities, rights and liberties upper-.
■ .taining to them.”
j 1 believe, with Mr. Madison, “ That when
'resort can be had to no tribunal superior in au
iihority to the parlies, the p trides, themselves, must
be the rightful judges, in the last resort, whe-;
jthert'ne bo/gain made has been pursued or vio
lated “ That the St iles arc the parties to the,
!| constitutional compact, in their sovereign capa- 1
ji city, and of necessity, that there can be no tri-.
nbunal above their authority, and consequently!
that as the parlies to it, they must themselves do- j
I aide, in the hist resort, such questions as may be:
11 of sufficient magnitude to justify their interpo-!
jjsition.”
I believe, therefore, that tto Supreme Court]
jof the United States is nut of superior authority .
Uo the States; and, with Mr. Jefferson, “ that
; tiie judges of the same are not the ultimate ar
i biters of all constitutional questions;” that it
would be dangerous to grant them that power,
and would lead to the despotism of an Oligar
chy ;” and witii him, I also believe, “ that the
ultimate arbiter is the people, acting by their de
puties in convent ion.”
1 am, therefore, brought to the conclusion,
tha.t the Legislature of the state cannot, but
that the people of each s'ate, acting by their
deputies iu convention, must, in “all cases which
are ot 1 sufficient magnitude to justify their inler
iposition,” determine upon the proper mode and
measure of redress, for every violation ot the
constitution. And I cannot believe, with the
meeting in Augusta, “ it would be “ extremely
dangerous” at any time for the people lo elect
delegates to meet in convention, invest
them with full power to maintain, preserve and
defend, the rights and privileges of the free citi
zens of this State.” For lam clearly of opin
ion, the people arc fully competent to act for
themselves, and may be safely trusted with their j
own rights, powers and interests, even in “ a
moment of excitement like the present;” and
have good sense enough to select persons who
will honestly and faithfully represent their wish
es and feelings.
1 believe every unconstitutional law of Con
gress 10. bo null and void, and has no legal force
or obligation, and that each state, has u right to
treat it as a, nullity.
I have never entertained a doubt, that the
State of Georgia had the right, to claim all the
Creek lands within her limits, under the treaty
of the Indian Springs, and to treat, as a nullity,
the treaty subsequently made, by which she was
deprived of a part of that land,
I believe that the State of Georgia had the
right to extend tier laws over the Cherokee na
tion ; to try and execute Tassells; to try, con
i vict and .sentence, to imprisonment in the Peni
tcntiuiy, Worcester and Butler, who refused to. (
obey tiie laws of Georgia; apd to disregard the
decision of the Supreme Court, and the inter
j course hue of the United States, as unconstitu
tional and void.
That the State of Georgia has the right also
to survey and grant the lands in the Cherokee
nation, to her own citizens, in despite of the said
Intercourse late, and the Cherokee treaties,
though the United States should attempt to pre- |
vent her by force.
And I believe the protective system, (which i
has been openly avowed and fully recognized,!
by a large majority in the last session of Con- i
gress,) lobe unconstitutional; that it should;
have no more force and effect than the new 1
treaty, the intercourse- law, or the decision ofj|
the Supreme Court; that Georgia has the i
same right to treat it as a nullity ; and that this (
is the proper time, for her to call a convex- i
tion ok the peoplr to consider and adopt the j
proper measures w compel Us repeal.
“ Under these momentous circumstances, the •
precise policy, which Georgia should adopt, re, ,
mains to be detenpiaed. But | trust, that what,
i ever contingencies may arise, she will want
neither courage to sustain her honour, nor coun
sel to temper her courage. She has no passion
for change. She retains the strongest attach
meat to the system of her adoption. But if her
own government wrong her with a bad faith,
which would not be endurable in a stranger ; if
complaints ofour injury, are to bo answered by
the infliction of a greater ; if she is now to be
bullied because she will not submit to be quietly
duped ; it needs no spirit of divination, to pro
nounce, that the portents are evij. Yet Ido not
despair. A case so plain, appeals to the com
mon sense of our countrymen. Georgia sues
for no favour, advances no fictitious pretensions
of yesterday ; she contends for rights alone—
rights coeval with the republic, and emblazon
ed in the rights of its birth. Let the sober wis<-
dom of the nation, ponder on her claims, unbi
assed by the flippancy of past fanaticism, or the
astute follies of scholastic jurisprudence. Un
der such correction, all may yet be well. But
if this last hope is to fail; if Georgia is indeed
proscribed ; if insulting tyranny, marking her\
for a victim, presents to her option, the sole al
ternative of danger or degradation —Speak, !
tombs of the Revolution! For you can pro-;
claim her choice ?”
My opinions and feelings, have been well ex-,
pressed by “ Oglethorpe,” in the proceeding pa
ragraph. Ido not desire logo further. If these
opinions subject me to the charge of “ nullifica
jtion,” I am willing to abide the consequences,
i They are dearer to me than any office of
j State or the United States within the gift of the}
!people. I will not give them up ; I will not re-!
! tract them, though even Calhoun or McDuffie
I should approve and adopt them.
( I am, gentlemen,'very respcctfullv, yours,
SEABORN JONES.
( Messrs. Camming, King, and Slaughter.
'
Louisville, 29th August, 1832.
'°» ‘ .
; Messrs. Wm. Camming, John P. King, and Augustin
t Slaughter,
i Gentlemen : Your letter of the 20th instant,
j “ requesting my sentiments in regard to nullifi
cation,” with a copy of the Preamble and Rcso
j lotions adopted at a meeting of the citizens of
| Richmond County, on the 18th instant, has just!
I l>een put into my hands, having been absent
from home when the same arrived. I recognize!
' the right on the part of those, to be represented, |
to the opinions of every one who desires or seeks
the office of Representative?, on al! important
points connected with the trust to he delegated,
and a correspondent obligation on the candidates
to (five their opinions honestly, candidly, and
promptly, without regard to the consequences!
1 flowin'* from such opinions, so far as success or
defeat°mav be concerned. I assure you, gen
tlemen, that entertaining for you personally, the:
highest respect and esteem, it would at any
time afford me pleasure, as far as n might be m |
any power, to comply with any request ot yours,)
and in a case like the present, leg.m it as a j
matter of duty; but I beg it to be distmcdy un-1
1 derstood, that the high sanction with which you;
(arc clothed, taken in connection with the threat
■J of denunciation contained in the Resolu
tion adopted at the meeting of the citizens ol
i Richmond County, against those entertaining]
different views of the mode of redress against j
i the acts of the General Government, which are,
! by ail acknowledged to. bo oppressive, unequal
in their operations, and contrary to the spirit
of the constitution, and should be resisted,
(forms no part of the consideration of this reply,
I for it would have been given with the same
promptness and cheerfulness to the most humble
I citizen in the state. That charity “which hopeth
all things and eudureth all things, it appeals
i to me, with all due deference and respect tor
that meeting, should have induced it to put a
more favorable construction on the conduct ol
j others, where they differ, and honestly did*- 1
with it in opinion, as to the means of obtaining
! the same end, when all are. earnestly engaged
I iu the pursuit, and the object ot all is professed
' ly* the same, and when it is possible in the nature
i of tilings that the meeting itself may have erred,
j But I take no exceptions to the manner in which
i my sentiments as regards nullification is rc
j quested.
It would have been desirable to a very brief
reply', that you should not only* have given me
vour construction of the term nullification, hu.
its intended application; for it not unfrequently
happens that we perfectly agree upon a princi
ple, but differ as “widely as the heavens aie
from the earth,” in its application. As you have
however left me to give the construction to the
term and its application to a particular case, it
will be necessary for me to descend a little into
details, to be intelligible, and make myself per
fectly' understood. It is conceded by all that
‘‘Governments are instituted lor the benefit and
happiness of the people, and that when it be
comes oppressive and intollerable, they may
throw it off and make a better in its stead. And
that so often ns civil institutions cease to answer
the ond.s of their existence, they may be
changed.** This is a natural rigid which the peo
ple have in all governments. But under ours a
greater portion of freedom is secured to them
than under any other system known in the civi
! lized world, and in order that they should pJ’Q
j perly' understand and appreciate it, they shoyjd
j be familiar with the reciprocal rights and duties
of the states and federal government, to ascer
tain which it is necessary to look a little into their
peculiar character. The states are sovereign
and independent, with the exception of such
parts thereof as they have expressly delegated
to the general government; all rights not dele
gated are reserved to the states respectively, or
to the people. The general government therefore
is one of limited powers, and can exercise no
right but what is expressly delegated, or which
is necessary to carry the delegated powers into
effect. The doctrines contained in the \ irginia
Resolutions of 1798, are so ortfiodox, and con- i
tain what I believe to have been the intentions
of the framers of the constitution, that so far as
I understand them, I have adopted them as the j
creed of my political faith, in construing the
powers of the general government. “ That they'
(are limited by the plain sense and intention
of the instrument, and that their acts are uo
further valid than they arc authorised by
the grants enumerated in that compact, and
that in case of a deliberate, palpable, and dan
gerous exercise of either powers not granted,
the states who are parties tbcffcto have the right,
and arc in duty bound, to interpose for the pur
pose of arresting the progress of the evil, and
(for maintaining within their respective limits
j the authorities, rights, and liberties appertain- •
jing lo them.” “ That the states being parties
ji to the constitutional compact, and in their sove-
I reign capacity, it follows that there can bo no i
| tribunal above tlicir authority to decide in the
i last resort, whether the compact by them bo vio
lated, and consejuently that as parties to it they
iinmst themselves decide in the lust resort such
j questions as may be of sufficient magnitude to
require their interposition.” Georgia has ever
! practised upon those doctrines against all the
usurpations of its rights, both on the part of the j
| Supreme Court and the Congress of the United
ofit’cs, which commenced early in its history.
Within the last few years, and since I have ta
ken some part in the public proceedings of tbO
state, we have disregarded the new, and sup
ported the old treaty', under which we acquired
the last Creek land within the state ; we have
extended our civil and criminal laws over the ji
territory within our acknowledged limits, in pos
session of the Indians, in opposition to the inter
course law of the United States of 1802. Mc ;
have disregarded the acts and disobeyed the de
cision of the Supremo Court, in the cases of
Tassels and the Missionaries: in all of which
the state wtis right, in my opinion, and had not
only my hearty approbation, but best efforts
(feeble as they Avere,) and shall continue to have
them as long and as often as may be necessary,
to oppose similar usurpations upon her rights
from any quarter whatever. If this conduct
proves me a nullifier, then 1 am a Georgia nul
lificr. But I would here take occasion to remark,
that Georgia has not been singular in her course,
for besides Virginia, the land of patriots and
enlightened and liberal principles, Pennsylva
nia, Kentucky, Massachusetts, Maine, New
| York, South-Carolina, and Ohio, and perhaps
: others, have either practised or expressly rccog
'inized the correctness of such principles. But •
I if by nullification, you mean the right of the
| legislature of the state, by r counteracting legis
, lalion, to declare null and void the act passed at
the last session of Congress, entitled “ An act to
amend the several acts imposing duties on im
ports,” and absolve its citizens from the obliga
tions of the said act, then I am, and have been,
. directly opposed to nullification. I believe it
} to be neither a peaceable, efficient, or constitu
; tional remedy', and that the legislature has no
right to adopt it as such, although I believe the
act to be oppressive, unequal in its operation,
and unconstitutional in its effects, and therefore
ought not to be binding, and should be resisted,
until relief is obtained, and the principle of di
j red protection abandoned by Congress. Aet 1:
1 believe nullification is not the remedy nor the!
| legitimate mode of resistance. And I support
the principle of State Convention as adversary
|to that of nullification. Having implicit confi
jdence in the virtue and intelligence of thepeo
{pie, I believe they may be safely trusted in con
■iveution, as to the mode and measures of re
i| dress, where I have no doubt nullification will
receive its quietus, and where a determined, en
j ergetlp, successful, and, at the same time, pea-
I enable and constitutional remedy will be adopt-
. ed, which will unite all hands and hearts, ars
: being based on truth and justice, will and must
i prevail. I have now no longer any faith in jo, i i
■ gislative action, either by the way of petition,
; remonstrance, or protest; these have been tri.
cd, and tried in vain. The state should speak j
land act in its sovereign character, in conven.
jtion, as I think the case of sufficient magnitude
to authorize its interposition, where the people, j; I
1 without disorder or convulsions, and without
(doing violence to liberty, may review and coin,
pare the practices of the government with the
principles which they have themselves advanced,
and pursue such course, under the ci roams’an,
ecs, as they believe to be right. I look for,
ward to the state convention us the entering
wedge to the organization of a south,. t , on.
vcntlon, as the eticetuul means ot preserving
j our rights against the encroachments and usur".
patioii ofa reckless and relentless majority i t
Congress, and of saving the constitution, the
I union, and the liberty of the people. This
|course would I pursue, and thus long would 1
j'forbear for the love of the union. But if alter If
Jail, our reasonable and just expectations ol re.
: J lief, should be defeated, and the only alternative
: ileft, (in the language of Mr. Jefferson,) is a go.
vernment without limitation of powers, or a dig. I |
; solution of the Union, I presume no man would
■ hesitate a moment as to the course which-should
. he pursued.
Very respectfully,
Your, obd’t. serv’t.
ROGER L. GAMBLE.
Athbxs, August 31, 1532.
‘To Wm. Gumming, J. P. King, and A. Slaughter, Esq?
Gentlemen, —I have received from you, as the
organ of a meeting of the citizens of Richmond
j County, a communication accompanied by their
1 resolutions, in which a request is made to know
’ liny “sentiments in regard to Nullificat ion.’'
: jTliis shall be promptly done. But 1 owe it to a.
j sense of self respect, as well as of candour to
| you, to state, that in the face of your third rcso.
i lution, containing a threat to vote against any
I candidate who advocates that doctrine, I should
certain I v have declined a compliance wi.h the
wishes of your meeting, but for a consideration
much higher than that of appeasing a poliucal
i denunciation, or essaying to conciliate a doubt,
ful favor. It carries no terrors to me. But the
crisis has arrived when every man should spews:
out boldly, and whatever may W die conscv
qucnccs to himself, to meet them like n man,
hiid endeavour to save if possible the cons’itu.
tion of his country. To this end it has been my
wish to address the people ol Georgia, as well
for the purpose of arousing them to a proper
sense of their wrongs, as to disabuse their minus
of a carefully lodged prejudice intended to im
pair that hold on their affections, which 1 had
fondly hoped had been well earned on my part.
Your address has furnished that opportunity.
As vour meeting, doubtless, in a Spirit ot what
lit conceived to- he its rights, has subjected me to
|a political catechism, under a menace, will it ba
j offended, if I, in my turn, without such rigour,
|seek to know “ what arc their sentiments in re
•jgard”toMr. Jefferson as a statesman ? Ho
| has merited, and justly received, the title ol an
I Apostle of Freedom. He is the great Oracle of
! southern politics. In his opinions every states.
I man is safe who has the true and pnopor vonc
ration for civil liberty. M ill any thing he has
i said be good authority with tour meeting? ll
so, then mark his own words, uttered in opposi
tion to the Sedition Law, one, not more uncon
stitutional than the tariff act. “When (said
this great man) powers are assumed, which have
not been delegated, a NULLIFICATION of
the ACT is the RIGHTFUL REMEDY : That
j EVERY STATE has a NATURAL RIGHT,
.1 in cases not within the compact, to NULLI
FY, of their OWN AUTHORITY, all assump
tions of power by others, WITHIN THEIR
LIMITS: that without this right, they would
he under the dominion, absolute and unlimited,
of whomsoever might exercise this right ol judg
ment for them.”
Here, then, you have my opinion in full. Os
Mr. Jefferson’s political creed I shall never be
afraid or ashamed. Whenever his doctrines,
cease to be considered orthodox, by the south
ern people, for they never were in odour in. the
north, 1 feel entirely confident I am unfit to b ■
their representative, and the execution oi the
i threat of your meeting can never come too soon,
for my own inclination.
It is true that Mr. Jefferson has not pointed
out the mode and manner of nullifying a law;
but this must be left to the wisdom and discre
tion of the state whoso rights arc invaded by the
assumed power, and must be as various as the
acts tire varied that violate the constitution. Any
j plan, I care not what it is, that rids the state
of the oppressive measure, is a nullification (T
that measure. To nullify is simply nothing
more nor less than to render null and void. All
unconstitutional laws arc null and void. Is this 1 |
objected to ? I presume not. Then your meet
ing, in its very first resolution, has declared that
the tariff act is “ unjust and inconsistent with
ij the spirit of the constitution.” Is it too much to
say that an unjust law, one inconsistent with the
j spirit of the constitution, ought to be xull and,
J void ? As much as this doctrine is now derided,
1 affirm, without the fear of contradiction, that
it is the very doctrine upon which Georgia has
acted from the foundation of her government.
And I will now prove it. 1 lay down these po
sitions :
Ist. That an unconstitutional law is NO
LAW, and no man or community is bound to o
bey it, nay, they arc bound to resist it, fur every
man is sworn to support the constitution,
i 2d. A law “ unjust and inconsistent with the
spirit of the constitution,” is a violation of the
[ constitution, because it is a perversion of that
instrument, a perversion is a breach of its in
tention, and according to all rules of construc
tion, legal or moral, the intention must govern.
3d. That the general government can pass
no law for which it does not find an autho
■ rity in the constitution, and that if it does, it i-~
ii» more binding upon the states than if passed
! by a foreign nation, for as to all ungranted pow
ers it is to these states a completely foreign g9*
vernment.
The two first positions need no commentary,
the last suggests these reflections. Suppose
Great Britain should pass an act for the henefk
of her manufacturers, to operate in Georgia,
what would the state do? 1 care not what, but
whatever was done, precisely that ought to he
done, in* relation to the same act passed by* tnc
federal government, for the right is wholly aiD
I absolutely usurped in both cases. If South-Ga
rni Inn, our neighboring state, were to pass such %
a law, every body would see its absurdity, » n;i
! Georgia would nullify it in an instant; then
1 where is the difference between one state anfl
| twenty-three states ? Where is the differ
ence between the northern states doing this thing,
in their separate state legislatures, or, under the
pretence of constitutional authority, combining
and meeting in the halls of Congress for the
same purpose, if both methods be equally out ol
the pale of the constitution ? Why should we
not as readily resist an usurped act ot the gene
ral government as that of any other govern
ment? There is no reason for it, and in fom