Newspaper Page Text
TWB fCViTITI T10M.% 3,1*■!% 1 \
' BV ).l Il f A
M t *
—|\.r the scmi-wnekly paper, publish© i
entry Tuesday and Friday morning. *5 per annum fj
«,ix the weakly £3, »H pn;. J'r.lc in advance. __ I,
ADVERTISEMENTS 'ire inscnet! week’}' for <IC r.
1-2 c«i*l per square ; sctni-wcokty G 2 1-2 cen» for .he c
fin*, and 43 3-4 cents for each subsequent insertion, f
on<l'monthly for * 1. O) per square lor each insertion.
lot yearly advertisements private arrangemnts are ; a
X deduction is made on.fl« advertise, j e
merits ofpftbitc officers. _ , j £
HT Posttre ‘
pUOCLAn ixios *
by Ay drew jacksox
rRKSIDKNt Os THE UNITED STATES. ,
WHEREAS a CoifvCdrvor. assembled in the State of
flfouth-Carolina have passed at. Ordinance, by which ,
teev declare “That the severs’.-erts ar.d parts of 3',.s j
Congress ot the United States, purporting •> be
Iswsfor the imposing of duties and imposts on im. j
porijt.on of foreign commodities, ami no’-v hay .ig actu- ,
al operation and effect wl'.r.m the United States, and
more especially** two at*!.*, for the aa .rte purpose* pas*. I
#d on the 29th of May, ’IS&i, and ntt -he 14th of July, j
ilb32, “are onautkotteed by the Conui .utfon of the U i
iptttci, and vied ate the Crn- meaning and intent thereof, I
• and ore null and vtV.d, ar.i r < inw," nor biyding cn the j
’ ipfciaens of tbrft ttzre ct : .-.s officers '.and I>y tl-.c - dj
Ordnance it J« furihrt declared tu he unlawful any j
th« cotrftinflcd JKJ‘hc.rltie‘l of the s ate, or ot the U. [
Spates, to •inferior the p'-yir.eiit of tiie duties imposed by
*laa •aidaseffc within the same slate, a.id that it is the
*dnty ol the '•Lcgiaimure to pass such laws as may be j
reel'sStVTy to give full effect to the bifid Ordinance :
And NvK’BßAas, by the said Ordinance it is timber or.
•■daiped, that, in no case of law or equ ty. decided in the
obuKs dt said stu-e. wherein shall be drawn in question
■the xshduy of the said Ordinance, or ot the acts of the
legislature the ■ may he passed to give it eliect, or ol j
‘thtssid laws of the United States, no appeal shall be i
Hlfowcd to the Supreme Court of the United States, nor ;
“•shall, any copy of the record be permitted or allowed tor I
that purpose ; and that any person attempting to take ;
such appeal shall Im; punished as tor a contempt ot court, |
And, finally, the said Ordinance declares that the j
people of South-Carolina will maintain the. said Ordin- |
nice at every hazard ; and that they will consider the j
passage of tiny act by Congress ah dishing or closing |
tUo ports of the said state, <>r otherwise obstructing the j
fr*o ingrcsi or egress ol vessels to and from the said |
ports, or any other act ot the Federal Government to
coerce the state, shut up her ports, destroy or harrass
her commerce, or to enforce the said acts othci wise
than through the civil tribunals ot the country, as incon
sistent with the longer continuance of South-Carolina
m the Union ; and that the people ot the said slate will
thenceforth hold themselves absolved Irom all further
•Uigation to maintain or preserve their political con
nexion with the people of ihc other stales, and will
forthwith proceed to organize a separate Government,
and do all other acts and things which sovereign and in
dependent states may of right do:
And whereas the said Ordinance pres ribes to the j
people of Son h-C irulina u course ot conduct, in direct
violation of their duty as citizens ot the United Stales,
oontrary to the laws ol ineir country, subversive ot tts
constitution, and having lor its ohjec. the destruction ol
tb* Union—that Union, wly* h. coeval with our political
•zisience, led our fathers, without any other ties to u.
■ ite them than those tit p .trio'isin and a common cause,
through a sanguinary struggle to a glorious indepen
dence—that sacred Union, hitherto inviolate, which,
perfected hy our happy Constitution, has brought us, by
ths favor ol Heaven to a stale of prosperity at homo,
and high consideration abroad, rarely, it ever, equalled
In th* his'ory of nations: To preserve this bond ot our
political existence from destruction, to m lintain invio.
lite this slate of national honor and prosperity, and to
justify the confidence my fellow-eitizons have reposed
in me, I, Andrew Jackson, President «J lhr Lulled
States, have thought proper to issue this my J*roc?!l*
million, stating my views ot the Constitution and
laws applicable to the measures adopted by the conven
lion of South-Carolina, and to the reasons they h ive
put forth to sustain them, declaring the course which
duty will require me to pursue, and, appealing to the un
derstanding and patriotism ol the people, warn them ot
the consequences that must inevitably result from an
ssbservanre of the dictates of the Convention.
Strict duty would require ol me nothing more than
•zeroise of those powers with which lain now, or
met Isere.ifti r be, invested, tor preserving the peace of
, the (Union. and for the execution ol the laws. But the
aspect which opposition has assumed in tuis
case, by ■clothing itself with state authority, and the
deop interest whicli the people of the U b ed States must
ail feel in .preventing a resort to stronger measures
while there tv a hope that any thing will be yielded to
. reasoning and remonsltan.-e, perhaps demand, and wnl
osrtainly justify, a full exposition to South-C arolina and
the nation ot the views I entertain ot this iinporta it
question, as wcFi as a distinct t •mneiation ot the course
which my sense of dutv will reqn’fe me to pursue.
The Ordinance is founded, not on the indefeasible
right of resisting acts which are plainly unconstitutton
al, and too oppressive to be endured, bu* on the strange
position that nnv one state may not only declare an act
of Congress void, but prohibit its e.xeotiib n shat they
nay do this consistently with the constitutim that the
trits construction of that instrument permits a st.ue to
retain its place in the Union, and yet lie b mr.d by no
**th*f ot its laws than those it may choose tc> consider
as constitutional. It is true, they add, that, to justify
this abrogation ot a liw, it must be palpably con.tr.try to
ryiurtitation ; hut it is evident, that to give thfl right
of resisting laws of that description, coupled with the
uncontrolled right to decide what laws deserve tl.’ it
character, is to give the power o! resisting all laws.
For. as by the theory there is no appeal, the reasons il-
Isged* bv the State, goml or bid, must prevail. It it
should be said that public opinion is a sufficient check
against the abuse ot this power, it may be as.ved why it
is not deemed a sufficient gtt ird against the passage
■of an unconstitutional act by Congress. Tocro is,
however, a restraint in this last case, which makss
ths assumed power ot a state more indefensible, and
which does rot exist in the other. There are two ap
psals from an unconstitutional act passed by I ongress—
suti) the Judiciary, the other to the people <St the states.
There is no appeal Irom the state decision in theory ;
and the practical illustration shows that the courts arc
olosed S£Knst an application to review it, both judges
•nd jurors being sworn to decide in its tavor. But rea.
toning on this subject is superfluous w ben our social
compact in express terms, declares, that the law? ot tfie
Unitsd States, its constitution, and treaties made under
it. sru the supreme law ol the land : end, for greater
Glutton, adds, “that the judges in every state shall be
fcound thereby, any thing in the constitution or laws ot
any State to the contrary notwithstanding." And it may
ka asserted, without fear of r Tutution, that no fec.t ’
live government could exist without a similar provision.
I/O ok, for a moment to the consequence. It ‘outi; Ca-
So It ns considers the revenue laws unconstitutional, and
has ■ right to prevent their execution in the port
•f Charleston, there would ho a eiear constitutional
abjection to their collection in every other port, and
ao revenue could be collected any where ; tor all
Imposts must be equal. It is no answer to repeat that
aa unconstitutional law is no law. so long as the ques
tion of its legality is to be decided by the st tie itself;
fur every law operating injuriously upon any local inter
est will be perhaps thought, and certainly represented,
at unconstitutional, and, as has been shown, there is no !
appeal.
If this doctrine had been established at an earlier day,
the Union would hare been dissolved in its infancy.—
Tha excise law in Pennsylvania, the embargo, and non.
'{•tei-course law in the Eastern St ues, the carriage tax
in Virginia, were all deemed unconstitution J, and were |
awrs "unequal in their operation than any of the laws
a»w complained of: but, fortunately, none of those states :
discovered that they had the right now claimed by South
datblina. The war into which we were forced, to sup
port the dignity of the nation and the rights of our citi-
Sfns, might have ended in dcleat and disgrace, instead
Os victory anti honor, it the states, who supposed it a rn.
iuous and unconstitutional measure, had thought they
possessed the right of nullifying the act by which it was
declared, and denying supplies for its prosecution. —
If.trdly and unequally as those me tsures bare upon sev.
•r*l members of the Union, to the legislatures of none |
this efficient and peaceable remedy, as it is called, j
■sggest itself. The discovery of this important te 'tare
4a our constitution was reserved to the present d ty. To
the statesmen of -qmh-C«rolina belongs the invention.
Hid upon the citizens of that state will unfortunately fall
th* evils of reducing it to practice.
If the doctrine ot a state veto upon the laws of the
Eaton carries with it internal evidence of its impr-Cti
•uble «j«urdity, our constitutional history will also af
ford abundant proof that it would have been repudiated
with indignation, had it been proposed to form a feature
Wl OUT fSWWßlient.
la afctaial state, although dependant on another
•• *«ry early considered ourselves as connected
7SOfaaae'n iVerrst «nth a*ch other. Leagues were foriu-
[A
Jf. , -can •r. i. a; .’b'-fiii■ deeb.ration cftrtv
pt-c*i ;■: .v. c were known in our aggregate character
- Titt; I’Mtr.n colonies or ayeuica. T!iat decisive dr
up rs; nt »:cp was t ken jointly. We declared opr
i! vt a a nati.ai ;>y a joint, not by sever .1 a.Ctuj and wren
;«• t. ente of our < onfcd»’.-ation were redmerd to form, it
•as in that of a solemn league o 1 several 8’ tes, by which I
tev agreed »hr.t they would, coltectivoTv, fortr. one na j
on for the purpose of ronddeting *-ar.ie cerfnin domes.
■c concerns, and ad foreign relation*. In the inatni.
tent forming that Union, is so il'd an article which do
lares that •• every state shall abide bv the determina
ons of rergress rn all qn«s*ions which by thatcoafedc
ition should be ?übmi»trd tb (item."
Under the confoderar.t'.n. then, no state could legally
nntu a decision ol two Uougress, or refuse to snhmit'to its
xecut.on; hut t» < provision w.as made to enforce these de.
isionr. rongrea? mude requisitions, but they were not I
cm plied Vidth. Thr Government could not operate on in.
ividuaia. They bad no judiciary, no means of collecting
cv-nue.
Btittbr defc # t§ of the confederation need not be detailed,
its •■pf ration, we could scarcely be called a nation. ■
At find’ either prosperity at home nor consideration a.
‘road. This state of things could not he endured, nnd our
prr f ,nf happy constitution was formed: but formed in vain,
if this fatal doctr tie prevails. It was formed for important
object? that are announced in the preamble made in the
name and by the authority of the people ofthe U. States,
whose delegates framed, «St whose conventions approved
if. The most important among these objects, that which is
placed first in rank, on which all othe-rs rest, is, “ to form
n more perfect Union." Now, is it possible that, even if
there were no express pr foion giving supremacy to the
constitution and laws of the United States over those of
the states, it can be conceived, that an instrument made
for the purpose of “ forming a core perfect Union" than
that of rhe confederation, could be so constructed by the
assembled wisdom of our country,ast ro substitute for that
eonicrh-raiion a form of government dependent fonts ex
isten-’c on the local imerest, the party spirit of a spate, or
of a prevailing faction in a state? Every mar of plain un.
sophisticated undsrstanding, who hears thr question, will
give such an answer as will preserve the Union. Meta
physical subtlety, 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 th? U.
States, assumed by one star#, incompatible with th'k ex.
ISTENCEOFTHE U.NIO.N, CONTRA DIC PEI) EXPRESSLY BY THS
LETTER OE THE CONSTITUTION, t'.VAf PRORtZEI) BY ITS SPIRIT,
INCONSISTENT WITH EVERY PRINCIPLE ON WHICH IT WAS
rOCNDCI), ANT) DESTRUCTIVE OE THE GREAT OBJECT FOR
WHICH IT WAS FORMED.
Atti-r this general view of the leading principle, we
must examine the particular applicotton of it which is
iirnie in the ordinance.
The preamble rests its justification thesr grounds:—
It asstiiiifs as a fact, tii t the obnoxious laws, nhhotiuh
I lie v purport lob -1 iws tor raising revenue, were in re
ality intended for the protection of manufactures, which
purpose it asserts to he unconstitutional; —that the ope
ration ol these laws is unequal;—that the amount raised
by them is greater than i# required by the wants of the
Government; —and, finally, th it the proceeds are to be
applied to objects unauthorized by the Constitution-. These
are the only causes alleged to justify an open opposition
to the law 8 of the c >untry, and a threat of seceding from
the Union, if any attempt should he made to enforce
them. 'i'!ie first virtually acknowledges that the* law in
question was passed glider a power expressly given by
the Constitution, to lay and collect imposts; but its con
stitutionality is drawn in question from the motives of
those who passed it. However apparent this purpose
in iv be in the present case, nothing can he more danger
ous than to admit the position th it an unconstitutional
purpose, entertained by the members who assent to a law
enacted under a constitutional p »wer, shall make that
law void; for how is thru purpose to be ascertained ? Who
is to make the scrutiny? How often may bad purposes
be falsely imputed ? in how many cases are they con.
cealed by false professions? in how many is no declara
tion of motive made? Admit this doctrine, and you give
to the states an uncontrolled right to decide, and every
law mav be annulled under this pretext. If, therefore,
the absurd and dangs rous doctrine should be admitted,
that a st,ite may annul an unconst mtional law, orotic that
it deems such, it will not apply to the present case.
The next objection is. that the laws in question operate
unequally. This objection may be m ide wirh truth to
every law that has been or can be passed. The wisdom
of man never yet contrived a system of taxation that
woui 1 operate wirh perfect equality. If the unequal
operation of a law m ikes it uneonsTttutional, and b all
1 iws of that description may hr abrogated hy any state
for that cause, then indeed is the Federal Constitution
unwor'hy of the slightest effort for its preservation. We
have hitherto relied on it as the perpetual bond of our
Union. " e have received it as the work of the assem
bled wisdom of the nation. We have trusted to it as to
the sheet anchor of our safety, in the stormy times of
conflict with a foreign or domestic foe. " e have looked
to it with sacred awe as the palladium of our liberties,
and with all the solemnities of religion, have pledged to
c ich other our lives and fortunes her*, and our hopes of
happiness hereafter, in its defence and support. Were
we mistaken, my countrymen, in attaching this impor.
lin - e to the Constitution of our country ? Was our devo.
tion p lid to the wretched, ineffi dent, clumsy contriv.
nnce, which this new doctrine would make it ? Pid we
pledge ourselves to the support of an ary nothing—a
bubble that must be blown awav by the first breath of
d s iffeetion 7 " as this self-destroying, visionary theory,
tiie work of the profound statesmen, the ex iltcd patriots,
t > whom the tisk of constitutional reform was entrusted ?
D d the name of Washington sanction, did the states de
liber itely ratify, such an anomaly in the history of funda
mental legislation ? No. " e were not mistaken ! Tiie
letter ot this great instrument is free from this radical
fault; its language directly contradicts the imputation: its
spirt—its evident intent contradicts it. No, we did not
err! Our Constitution does not esntain the absurdity of
givinz- -power to make laws, and another power to resist
them. The sages, whose mem >ry will always he rever
enced, hive given us a practical, and. as they hoped, a
permanent constitutional compact. The Father ol his
country did not affix his revered name to so palpable an
absurdity. Nor did the stales, when they severally rati
tied it, do so under the impression that a veto on the laws
of the U. St Ues was reserved to them, or th it they could
exercise if by implication. Search file debates in all their
Conventions —examine the speeches of the most zealous
opposers of Federal authority—look at the amendments
that ware proposed. They are all silent—not a syllable
uttered, not a vote given, not a motion made, to correct
the explicit supremacy given to the law* of the Union
over tho->e of the states —or to show that implication as is
now contended, could defeat it: No, we have not erred !
The Constitution is still the object of our reverence, the
bond of onr Union, our defence in danger, the source of
our prosperity in peace. Il shall descend, as we have '
received it, uncorrupted by sophistical constiaction, to
our posterity; and the sacrifices of local interest, of
stare prejudices, of personal animosities, that were made
to bring u into existence, will again be patriotically offer
ed for its support.
The two remaining objections made by the Ordinance
to these laws are, that the sums intended to be raised by
them are greater than are required, and that the pro.
ceeds will be unconstitutionally employed. The Consti
iution has given expressly to Congress the right ot rais
ing revenue, and ol determining the sum the public exi
gencies will require. The states have no control over
the exercise of this right, other than that which results
from the power of changing the Representatives who a
buse it, and thus procure tedress. Congress may un.
doubtediy abuse this discretionary power, but the same
mav U? said of others with which they are vested. er
the discretion must exist somewhere. Tiie Constitution
Pas given it to the Representatives of all the People,
checked by the Representatives of the states, and by the
Executive power. Ths South Carolina construction
gives it to the Legislature or the Convention ot a single
state, where neither the people of the different states,
nor the states in their separate capacity, nor the Ciiiei
M igistrate eiec‘ed by the people, have any representation.
Which is the nD>?t discreet disposition of tiie power; I
do not ask vou, fellow-citizens.pvhicu is the constitutional
disposition—that instrument speaks a language not to be
misunderstood. But it you were assembled in gener d
convention, which would you think the safest depository
of this discretionary power in the last resort? \* oui.i
you add a clause giving it to each of the states, or would
vou sanction the wise provisions already made by your
Constitution? If this should he the result ot your tlelibe
ratioiis when provid ng fur the future, are you—can you
—be ready t > risk all that we hold dear, to establish, tor
a temporary and a local purpose, that which you must a :-
knowledge tube destructive, and even absurd, as a gen
eral provision? Carry out the consequences ot thi# right
vested in the different states, and you must perceive
th it tiie ends year conduct presents at this day, w»uld
recur whenever any law of the United States displeased
any of the slates, and that we should soon cease to be a
nation.
The Ordinance, with the same knowledge of the fu
ture that characterizes a former objection, fells you that
the proceeds of the tax will be unconstitutionally appli
ed. If ihiscould be ascertained with certainty, the ob
jeetion would, with mne propriety, be reserved for the
law so applying the proceeds, but surely cannot be urged
against the laws levying the duty.
These are the allegations contained in the Ordinance.
Examine them seriously, my fellow citizens—judge for
yourselves- I appeal to you to determine whether they
are so clear, *« ceunociiig, oa to leave ao doubt of
t'.e.r <- rr. *?»■'•?« : ».nd tvvn if yau aV-ao! * ■.-.. me u tu>. ,
i-onc!u-i >a. how far tlwy justify rpektess, destruc
tive o .rsc, which you arc directed to pursue. Re
view ?iic ■*** Directions, and the conclusion* drawn from
them, once more. What arc they ? Every law, then,
lor r.i t ng revenue, according to the Sou.h C iroitn i
Ordin;. x: -e, may be rirhtfuily annulled, 'males-,* it be <?.»
framed :>* no law ever will or can he i> lined, (ongr.’ss.
have a right to laws.tor raising revenue, and e ich
s’ste lis& a right i-» or»v-»se tlieir ex'HcutiOii —two rights
directly opposed re ea n other; and yet is this absurdity
suppose! to be (5 mtained in an instrument drawn for the
express purposu o; avoiding collisions between the.
B'atea a; id the -geneml government, !>y an assembly of
the most enlighten' 1 statesmen end purest patriots ever
enih’od : e(f for a > miiar pur; o?c.
In vain have these «:fg£3 'declared ton’ -Congress shall
have power tolar and culled taxes. duties, imposts, and
excises—i a t ;in 'have they provided that they shall
have powi rto p-ss l«tws which shall be necessary ’and
nroper to ■ o-trv those powers into execution that those
laws and t’ ,at Con mtinjon shall bo the “ supreme law of
the land ; ,n.i that the judges- in every state shall be
bourn! the; ehy, a y thing in the-Constitution or laws of
any state to the -.contrary, .not withstanding.” In vain
have (he i tfpl* of the several states sol tnnlv. sanction,
eel these v- ■£visions,- made them--their paramount law
anil indivii tali} sworn to support them whenever they
were call!- lon to’-.-xt-cute any office. Vain provisicms !
ineffectual restrictions ' vile profanation of oaths! ‘
erabic mo< kerv of legislation ! Ii a hare majority i • :’e
voters ; - ! so y one stale may, on a real or supposed i.
ledge thi• intent with w hich a law hits been pas; "
declare rhe* is<dv. s free from its operation—say herd-u
--jnv-s ico lit = i*--. thesrtWo liiufh,. and op« ryes unequally
—hen it aul'ers art! ies to be free that ought to lie Tax
ed, there it t ixes’ those that ought to bo tree—it! this
case the prociintb. are intended to be applied tO’psrppy
cs which wc <’o not approve, in that the amount raised us
more thin is •• .amred. Congress, it- is tr-iic.-arc invested
by thu Cousin ition v.-lth the right of deckling tiiese qtiee
tions according .to their sound discretion. Congress s
coinpi-svd of the Representatives of all rhe stares and c
i sll tho people of. nil the states; but wt:.,part of the p- '
pit oi one stall - , to wirom the Constitution has given no
po'.ver on the subject, from whom it has expressly taken
it away—ice, who have solemnly agreed that tins C-.vi
: solution shall be mrlaw— ice,n\ »st of whom haveyc.voM
i to support it— ict, now abrogate this law, and swear, and
force others t > swear, that it shall not be obeyed—and
1 \vr do this, not because Congress have no right to pass
such laws ; thm wc do not allege ; but because they
! have passed them with improper views. Tory are un
! co istitwion.d troin the motives ot those wh > pissed
them, which we can never with certainty know, Irora
their unequal operaiion; although it is impossible (rum
the.nature of tilings that they should be cqu tl— nut troin
the disposition which we presume may-be made ot their
proceeds, although that disposion has not been declared.
This is the plain meaning ot the Ordinance in relation to
laws which it abrogates for alleged uaconstitutio inlay.
Hat it does not stop there. It repeals, in express terms,
£*t import in: pan of the Constitution itself, and of I twa
passed to give it effect, which have never been alleged
to be unco-.istituticvil. The co.istiriitiou deal n.-s that
the judicial powers of the United States extend to esses
arising under the laws ot the United States, and that
such laws, the constitution, end treaties, shall be para
mount to the state constitutions and laws. The Judiei
j ary act prescribes the inode by which the case rn ,y be
brought before a court of the United State.--, It;. - appeal,
when a state tribunal shall decide against, this provision
of the constitution. The Ordinance declares there shall
be it!) appeal; makes the state laws paratn unit to the
constitution and laws of the United States; forces
judges and juror-* so swear that they will disregard
their provisions; and even makes it penal in a suitor to
attempt relief by appeal.- it further declares that it
shall t c‘- he lawful for the authorities sit tile United
Stales, or of that stale, to enforce the payment of dunes
imposed by the revenue laws within its limits.
Her t is a la w of the United -States, not even pretend
ed tob» unconstitutional, repealed by the authority of a
small majority of the voters as it single state. Here is
a provision ot the constitution which is solemnly abro
gated by the same authority.
On sgeh expositions and reasonings, the Ordinance
ground vhot onlv an assertion of the right to annul the
laws of which it complains, but to enforce it by a threat
of seceding from tbs Union, if any attempt is matte lo
exc u’e them.
The right to secede is deduced from site nature cf the
ConstitMti Mt, which, they say, is a compact between
sovereign . flutes, who have preserved their whole sove
reignty, .'ini'; therefore, are subject to no superior lh.it,
because they made the compact, they can break it when,
in their opiui Vi, it lias been departed from by the other
states. Fuliai ions as this course of re isoning is, it en
lists state pri* e. and finds advocates in the honest-preju
dices of those who have not studied the nature of our
Government siiliciently to see the radical error on which
it rests.
Tite People ff the United States formed the Constitu
tion, acting ihro igh flic suite Legislatures in making tlie
compact, to meet nnd discuss its provisions, and acting
in separate conv* ntions when they ratified tiiosc provi.
sions ; but the teems used in its construction, show it to
be a Government in which the people of all the states
collectively tire represented. We an* oSs people in
the choice of the President anti Vice-President. Here
the states have no other agency than to direct the mode
in which trie votes shall be given. Tile candidates hav.
ing the majority of all the votes are chosen. The elec
tors of a m - j irity of states may have given their .votes
for one candidate, and yet anot! »r mty be chosen. The
People, then, an*! not the states, are represented in the
Executive branch.
I i the II msc-of - ? there is this differ
ence, that the pconle of one state, do not, as in tiieca.se
o! President ami Vice-President, all vole for the same
officers. The people of all the states do nit vote for all
the members, each state electing only its own repre
sentatives. Hut this creates no material distinction.
When chosen, they are all representatives of the United
States, not representatives of the purlieu! r state from
which they come. They are. paid by the United t ites,
not by the state ; nor are they accountable to it for any
act done in the performance of their legislative func
tions ; and, however they may in practice, as it is tlieir
duty to do, consult and prefer tho interests of their par.
cular constituents when they come in conflict with
any other partial or local interests, yet it is tlieir first and
highest duty, as representatives of the United .States, to
promote the genera! good.
The Constitution of the United States, then, forms a
government, not a league ; and whether it be formed by
coinpact between the states, or in any other manner, its
character is the same. It is a government in which all
the people are represented, which operates directly on
the people individually, not upon the st.te? ; they re
tained ail the power they did nut grant. But each state
having expressly parted with so many powers as to con
stitute jointly with the other states a single Nation, can
not from th.it period possess any right to secede, because
such secession does not break a league, but destroys the
unity of a nation ; and any injury to that unity is not onU
a breach which would result from the contravention ot a
compact, but it is an offence against the wh tie Union.
To say that any state may at pleasure secede from tiie
Union, is to say that the United Mates are not a nation ;
because it would be a solecism to conten 1 that aay p in
of a nation might dissolve its connexion with the other
parts, to their injury or ruin, without committing any
offence. Secession, like any other revolutionary act,
mav he morally justified by the extremity of oppression ;
but to rail it a constitutional right, is confounding tiie
meaning of terms ; and can only be done tiirougii gross
error, or to deceive those who are willing to assert a
j right, hut would pause before they made a revolution, or
incur the penalties consequent on a failure.
Because the Union was formed hy compact, it is said
tiie parties to that compact may, when they feel them
selves aggrieved, depart from it : but it is precisely be
cause it is a compact that they cannot. A comp ict is an
agreement or binding obligation. It mav, bv its terms,
hare a sanction or penalty for its hrcacii, or it may nor.—
If it contains no sanction, it may he broken with no oriier
consequence than moral guilt : if it have a sanction, then
the breach incurs the designated or implied penalty. A
league between independent n ilium*, goner div, h.s no j
sanction other than a moral one ; or, if it should contain a j
penalty, as there is no common superb r, it cannot been. ‘
forced. A Government, on tiie contrary, always has a
sanction, express or implied; and. in our cse, it is bom
necessarily implied and expressly given. An attempt by
force of arms to destroy a Government, is an elf n- e, by ,
whatever m* ,- ins the constituti anal compact may have ;
been formed ;and -such G ivernmeat has the right by the !
law of sei '-dafence, t * pass acts tor punishing tiie - if n-der.
unless that right is modified, restraint 1. or resom *.!. hy .
the constitutional act. 1 1 our system, although it t * mo.li
ned in the case ol treason, yet authority is expressly
given to pass ail laws n - ce**s try to carry it-* pow rs into
effect, and under this grant pr -vision ha« been made ’or
punishing acts wmich obstruct t ie due administration of
the laws.
It would seem superfluous to add nnv thingto show the j
na’pre of that Union which connects us; but as erroneous j
opini *ns on this subject are the foundation of doctrines j
the most destructive to our peace, 1 must give same fur- j
ther developement to my views on this subject. No one. <
fellow citizens, has a higher reverence f>r the reserved ;
rights of the states, than the M igistrate who now ad~ ’
dresses you. No one would make greater personal sa
caifiees, or official exertions, to delend them from viola
tioe; but equal ear« must be taken to prevent on their
xn ; mt -n- i m-.x- with, or rer..tuß|aiun 01, th*
■ rights thev have vested in the nation. The line has no
becn so distinctly drawn as to avoid doubts in some case
:ot ;he exercise of power. Men ol the best intentions am
soundest view s tAny differ in their c-nstruction ot sont
i parts of the Constitution; but there are otters on vvhiel
■ dispassionate reflection can leave no doubt. Ol thisnn
! * ture appears to be the assumed right of secession. I
rc'*s. ns we have seen, on rite alleged undivided sovc
reigntv of tiie stpes, and on their having formed in thi
sovert-isr i capacity a compact which is called the Consti
tution, from which, because they, made it, they have th
right t*j .secede. Both of these positions are erroneous
\ and some of the arguments to prove them a- 1 have bee
anticipated.
The stales severally have net retained their entir
sovereignty. It has been shown that in becoming par:
of a nation, not members of a league, they sUrrendere
many of their essential parts of sovereignty. The rigli
to make treaties —declare war—K-vy taxes—exercis
exclusive judicial and legislative powers,were all ofthcr
functions of sovereign power. The states, then, lor al
t these important purposes, were no longer sovereigr
The allcjri mce-of the ; r citizens was transferred, in tii
first iustanoe, to.the Government of the United Stafes
! they nec.ame Amcricon citizens, and owed obedience t
i the Constitution of the United Stos, and to laws made i
i conformity with the powers it vested in Congress —Thi
* last position has nos been.’ anil cannot he denied. llov
: ion can tint st te be said to ie sovereign and imlcper
,cnt. whose citizens owe obedience to laws rot made b
and wii’se m *gistrates are sworn t» disregard fit os
■ T -*s, when they come in conflict with those pissed b
■.. other? What shows conclusively that the states car
1 tint !>a s-dd to have reserved an undivided sovereignty
is, that they e.\pr - ss’y ceded tho right to punish troason
not treason against tlieir separate power—but trenso
ngr.ins! tiie United Sites. Treason isnn offence again - *
j? -reie’gtify, a - 'd sovereignty must reside with the powe
to punish it. * But the reserved rights of tiie states ar
not loss sacred, because they have for their common ir
teres t inmi*. the General Government the depository c
these powers. The unity of our political characte
: (as Iris been shown for another purpose) commence:
j with its very existence. Under the Royal Govertunen
j we h :d no separate character—our opposition to its op
i pressio , < began as United Colonies. We were th
Umtei* States under the confederation, and tiie nam
was perpetuated, and the union rendered more perfect
by the Federal Constitution. In none of these stage
did we cons!,!-r our*e'ves in any other light than ns
forming one nation. Treaties and alliances were nnd*
in the name of all. Troops were raised hr file joint de
fe. if. How, then, wi h all these proofs, that under nl
changes of'onr position we had, for designated purpose
and with define I powers, created National Governments
how is it, that rhe m is?, perfect of these several mode
ol union should now he considered as a mere league
tii it may be dissolved at pleasure? It is from an abust
of terms. Compa-t is used as synonymous with league
although die true term is not employed, because it wouh
at o ice show the fdla yof the reasoning. It would no
do to say that our Constitution was only a league; but, i
is ! -bored to prove if a compact, (which in one sense i
is)and then to argue that as a league is a compact, even
compact between nations must of course be a league
an I that from site!) an engagement every sovereign pow
er has,i rLiir to recede. But it h.s been shown, that ir
this s 'use the "fates are not sovereign, ami that even i
-they wore, and tiie National Constitution had been form,
t ii by compact, there would he no right in any one state
to exonerate itself from i's obligations.
So obvious ary the reasons which forbid this
secession, that it is necessary only to allude to
th. - m. The I nion was formed for the benefit of ass.
it was produced by mutual sacrifices of interests
and otii-iioris. Can those sacrifices be recalled 1
Can .ho S :ties who magnanimously surrender
ed iheir ii le to the Territories of the West, re
call the grant ? \\ ill the inhabitants of the in
land States ayree so pay the duties that may be
imposed without fheir assent bv those on the
Atlantic or the Gulf, fir their own benefit ! Shall
there be a free port in one State, and onerous
•'hi ics in anolh r? No one believes that any right
ex as s in a single State to involve till the others
in these ami countless other evils, conTarv to
the engagemen's solemnly made. Every one
must sot; that the other States, in self-defence,
amis oppose at all hazards.
These are the aiterna ives that arc presented
.by the Convention : A repeal of all the acts for
raising revenue, leaving the Government with
nul the means ol support ; or an acquiescence in
tiie (Jissoiu ion ol our Union bv the secession of
one ol its members. Vv hen the first was pro
posed, it was known that it could not be lis'ened
to lor a moment. It was known if force was
applied to oppose the execution of the laws, that
it must he repelled by force—that Congress could
not, wiihour involving its-dfin disgrace and the
country in ruin, accede to the proposition ; and
ye - , ifthis is no' done in a given day, or ifany at
tempt is m ide to execute the laws, tho State is, hy
the Ordinance, declared lo he out of the Union.
Tho majori y of a Convention assembled for the
purpose have dictated these terms, or rather this
ivj ction of all terms, in the name of the people
ol'S. Carolina. Jt is true that the Governorof the
Statu speaks of the submission of their grievan
ces, to a Convention of all the Sia'es ; which, he
says, they “sincerely and anxiously seek & de
sire.’' Yet this obvious and cons itutional mode
of obtaining the sense of the other States on the
construction ofthe federal compact, and amend
ing it, ii necessary, has never been attempted by
hose who have urged the Suite on to this de
struc ive measure. The State might have pro.
posed die call for a General Convention to the
o hcrS afes ; and Congress.if a sufficient number
oftliom concurred, must have called it. But
the first Magis rate of South Carolina, when ho
expressed a hope that,“ on a review by Congress
and the functionaries of the General Govern,
incut, ol the merits of the controversy,” such a
Convention will he accorded to them, must have
known that n ;ither Congress nor anv func
tionary ot the General Government has author!-
ty toe dl such a Convention, unless it be de
unndeil by two thirds ofthe States. This sug
gestion, then, is .mother instance of the reckless
. uteiition to the provisions of the Cons itution
: w h which th s crisis has been madly hurried
0.-i or oftheattempt to persuade the people that a
cons j n ional remedy had been sought and refus
e-i. It the Legislature of South Carolina “ anxi
ously d- sire” a General Convention to consider
their complaints, why have they not made ap
plication for it in tiie way the Constitution points
out? The assertion that they “ earnes'ly seek”
■ it is compl tidy negatived hy the omission.
This, then, is 'he position in which we stand.
A small majori’ v of the citizens of one State
in t-ie Ln;on have elected delegates to a Slate
Convention : that Convention has ordained that
all the revenue laws ofthe United States mus - be
repealed, or that they are no longer ti member
oi"the Union. The Governor of that'S ate has
recommended to the Legislature the *aising of
an army to carry the sec- ssion in o effect, and
that he may be empowered to give clearances
to vessels in the name of the S ate. No act of
violent opposition to the laws has yet been
committed, but such a s a'e of thi.-gs is hourly
apprehended, and i‘ is the intent ofthis instrument
to rn oct-a i m not only that the duty imposed on me
by the Consti u ion ’ to take care that the laws
; he lai hfully executed,” shall be performed to
die ex on? ol the powers already vested in me bv
law, or oi such others as the wis lorn of Congress
sua:l devise and entrus - to me for fiiat purpose;
hut to warn the citizens- of Sou’ h Carolina, who
have been deluded in‘o an opposi ion to the laws,
of the danger they will incur by obedience to the
j il'egal and disorganizing Ordinance ofthe Con.
vention, —to exhort those who have refused to
1 support it to persevere in their determination To
! upliol 1 the Constitution and laws of their country,
an 1 so point out lo ail the perilous situation into
which the good people of that s ate have been
L‘d, —an I that the course they are urged to pur
sue is one of ruin and disgrace to'the very state
whoso rights they affect to support-
Follow citizens of my native State !—let m<
not onlv admonish you, as the first Magistrate
of our common country, not to incur the penal
tv of its laws, but use the influence that a Fathe
would over his childsen whom he saw rushing
to certain ruin. In that paternal languge, witl
that paternal feeling, let me tell you, my couu
trvmen, that you are deluded by men who ar
either deceived themselves, or wish to deceiv
you. Mark under what pretences you hava
been led on to the brink of insurrection an<
treason, on which you stand ! First a diniimttioi
of the value of your staple commodity, lowerc
by over production in other quarters, and th
consequent diminution in the value of your lands
were the sole effect of the Tariff laws. The el
feet of those laws are confessedly injurious, but th
evil was greatly exaggerated by the unfoundei
theory you were taught to believe, that its bur
thens were in proportion to your exports, not b
your consumption of imported articles. Your prid
was roused by the assertion that a submission b
those laws was a state of vassalage, and that rcssi
tanre to them was equal, in patriotic merit, t<
the opposition our Fathers offered to the oppres
sive laws of Great. Britain. You were told tha
this opposition might be peaceably—might b
roustitutionally made—that you might enjoy nl
the advantages of the Union and bear none of it
bur'hens.
Eloquent appeals to your passions, to you
State pride, to your native courage, to you
sense of real injury,were used to prepare you so
the period when the mask which concealed tin
hideous features of disunion should be lak< i
off. It fell, and you were made to look witl
complacency on objects which, not long since
you would have regarded with horror. Lool
buck at the arts which have brought you to this
safe —look forward to the consequences to wind
it must inevitably load ! Look back to what was
first fold you as an inducement to enter into thi:
dangerous course. The great political truth was
repented to you, that you had the revolutionary
right of resisting all laws that wore palpably on
constitutional and intolerably oppressive—if was
added that the right to nullify a law rested or
the same principle, but that it was a peaceable
remedy ! This character which was given to
it made you receive, with too much confidence,
tlie assertions that were made ofthe unconstitu
tionality of the law, and its oppressive effects.
—Mark, my fellow-citizens, that, by the ad
mission of your leaders, the unconstit utionahty
must be palpable, or it will not justify either re
sistance or nullification ! What is the mean
ing of the won\ palpable, in the sense in which
it is here used ?—that which is apparent to eve
ry one ; that which no man of ordinary intellect
Will fail to perceive. Is the unconstitutionally
iof these laws of that description ? Let those a
■ mong your leaders who once approved and ad -
vocated the principle of protective duties, an
swer tile question ; and let them choose wheth
er they will be considered ns incapable, then,
of perceiving that which must have been appa
rent to every man of common understanding, or
as imposing upon your confidence, and endeavor
ing to mislead you now. In cither case, they
are unsafe guides in the perilous path they urge
you to tread. Ponder well on tin’s circum
stance, ami you will know how to appreciate t lie
exaggerated language they address to you.
They are not champions of liberty, emulating
the fame of our Revolutionary Fathers ; nor are
you an oppressed People contending, as they
repeat to you, against worse than colonial vas
salage. You are free members of a flourishing
and happy Union. There is no settled design
to oppress you. You have indeed felt the une
qual operation of laws which may have been un
wisely, not unconstitutionally passed ; but that
inequality must necessarily be removed. At the
verv moment when vou were madly urged on
• -■ m> o
to the unforuinale course you have begun, a I
change in public opinion had commenced. The
nearly approaching payment of the public debt,
and the consequent necessity of a diminution of
duties, had already produced a considerable re
duce ion, and that too on some articles of gener
al consumption in your Stale. The importance
of this change was understood, and you were au
thoritatively told, that no fur;her alleviation of
your burthens was to be expected, at the verv |
time when the. condition ofthe country impc- |
riously demanded such a modification of the clu- I
ties as should reduce them to a just and equita
ble scale. But, as if apprehensive of the effect I
of this change in allaying your discontents, you I
were precipitated into the fearful state in which I
you now find yourselves.
1 have urged you to look back to the means
that were used to hurry you on to the position j
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 an important
part! Consider hs government, uniting in one
bond of common interest and general pro’ection
so many different States, giving to all their in
habitants the proud title of American Citizens,
protecting their commerce, securing their liter
ature and their arts, facilitating their inter-com
munication, defending their frontiers, and ma
king their name respected in the remo est parts
of the ear h ! Consider the extent of i s terri
tory, i’s increasing and happy population, its
advance in arts, which render life agreeable,
and the sciences which elevate tlie mind ! See
education spreading the lights of religion, hu
inanity, and general information into every cot.
tage in this wide extent of our Territories and
S ates! Behold it as the asylum where the
wretched and the oppressed find a refuge and j
support! Look on this picture of happiness and !
honor, and say— we, too, are citizens of A
merica : Carolina is one of these proud States :
her arms have defended, her best blood has ce
mented this happy Union ! And then add, if
you can, without horror and remorse, this hap
py Union we will dissolve—this picture of peace
and prosperity we will deface—this free inter
course we will interrupt—these fertile fields we
will deluge with blood—the protection of that
glorious flag we renounce—the very names of
Americans we discard. And for what, rnista
ken men ! —tor what do you throw away these
inestimable blessings—for what would you ex
change your share in the advantages and honor
of the Union ? For the dream of a separate
independence—a dream interrupted by bloody
conflicts with your neighbors, and a vile depen.
denco on a foreign power. If your leaders
could succeed in establishing a separation, what 1
would be your situation ? Are you united at
home are you free from the apprehension of
civil discord, with all its fearful consequences?
Do uiir neighboring republics, everv day suffer
ing some new revolution, or contending with
new insurrection—do they excite your envv ?
But the dictates of a high duty oblige me so
lemnly to announce that you cannot succeed.
The laws of the United States must be ex
ecuted. I have no discretionary power on the
subject—my duty is emphatically pronounced in
the Constitution. Those who told you that you •
might peaceably prevent their execution, deceiv.
sd you—they could not have been deceived f
themselves. They know that a forcible opposi
tion coaid alone prevent the execution of the
> laws, and they know that such an onr.o.sm,
; be repelled. Their object is disunion • v"**
. not deceived by names; disunion, by armed
• is treason. Arc you really ready to inen^
1 guilt ? If you are, on the heads of tl 10 j r ' U
i tors of the act be the dreadful consequence '
• their heads be the dishonor, but on yours
j fail the punishment — on your unhappy St nia : ;
3 inevitably fall all the evils of the Wl ‘^
; force upon the Government of your countr- '
1 cannot accede to the mad project ofdisun ' -
i which you would be the first victims—
I Magistrate cannot, if he would, avoid tho
3 formance of his duty—the consequence
, fearful for yon, distressing to your fellow'^ v
- zens here, and to the friends of good gov-rn ° 5 i
3 .throughout the world. Its enemies have beUr
1 our prosperity with a vexation they could .
- conceal—it was a standing refutat'ion oftl"^
) slavish doctrines, and they will point to 0 , l eir
3 cord with the triumph of malignant joy j. S
3 yet in your power to disappoint them, Tli \ is
- yet time to show that the descendants //V*
3 Pinckneys, the Sumters, the Rutledges* •. i
- the thousand other names which adorn th, ! °
t of your revolution try history, will not al/T*
3 that. Union to support which, so nirvuv of‘i"° n
1 fought and hied, and died. I adff c v,hj f 3
i honor their memory—as you love ;ie ° u ,
freedom, to which they dedicated their iff '
j you prize the peace of your coun'ry, th e |j V(S
its best citizens, and your own fair fame. *o ?
r trace your s eps. Snatch from the archive,
; your S'ate the disorganizing edic ofitsConven
i tion—hid its members to re-assemble an d pro*
i nnilgate the decided expressions of your will io
remain in the path which alone can conduct vou
to safety, prosperity, and honor—tell lliem that
compared to disunion, all other evils are light be
i cause that brings with it an accumulation of a ;[
i —declare that you will never take the field tin.
i less the star spangled banner of your,country
shall float over you—that you will not he si.
matized when dead, and dishonored and scorns
while you live, as the authoisof the first attack
i on the Constitution of your country !—ltsde.
strovers you cannot he. You may disturb ii
peace—you may interrupt the course of its pos.
peritv—you may ( loud its rejuuafion for sfabili.
tv —hut i's tranquillity will he res'ored, i s pros
perity will return, and the stain upon its national
character will be transferred, and remain an c.
tornal blot on the memory of those who caused
the disorder.
Fellow citizens of the United Slates’. The
threat of unhallowed disunion—the names of
those, once respected, by whom it is uttered—
tlie array of mill ary force to support it—d note
the approach of a crisis in our aflairs on v.hich
the con inuance of our unexampled prosperity,
our political existence, and perhaps that of all
free governmen s may depend. The conjimc.
tion demanded u free, a full, and explicit enunci
ation, not only of my indentions hat of mv prih.
cipies of action; and as the claim was assenedof
a right by a suite to annul the laws ofthe Union
and even to secede from it at pleasure, a frank
exposition of my opinions in relation to tlieori.
gin and form of our government, and the con 3
struction I give to the ins rument by which it
was created, seemed to he proper. Having the
fullest confidence in the jus*ness of the legal and
constitutional opinion of my duties which lias
been expressed, I rely with equal confidence on
| your undivided support in my determination to
execute the laws —to preserve the Union by all
constitutional means—to arrest, if possible, by
moderate but firm measures, the necessity of a
recourse to force; and, if it be the will of Heaven
that the recurrence of its primeval curse on man
for the shedding of a brother’s blood should fall
upon our land, that u be not called down by any
offensive act on the pari of the United States.
Fellow citizens : The momentous case is
before you. On your undivided support of your
government depends the decision of the great
question it involves, whether your sacred Union
will he preserved, and the blessing it, s cures to
us as one People shall be perpetuated. No one j
can doubt that the unanimity with which tint M
decision will he expressed, will be such ns to in
spire new confidence in republican ins Tuitions,
and that the prudence, the wisdom, and the coin
age which it will bring to their defence, will
transmit them unimpaired and invigorated to oui
children.
May the Great Ruler of Nations grant that
the signal blessings with which he has favored
ours, may not, by the madness of party or per- I
sonal ambition, he disregarded and lost: andmav I
IJis wise Providence bring those who have pro* I
duced this crisis, so see the folly, before they I
feel the misery of civil strife : and inspire a re. I
turning venera*ion for that Union which, if w ft
may dare to penetrate His designs, he has chosen I
as the only means of attaining the high destinies I
to which we may reasonably aspire. I
In testimony whereof, I have caused the Seal of I
the United States to he hereunto affixed, hav- I
ing signed the same with my hand. E
Done at the City of Washington this 10th day I
of December, in the year of onr Lord, one P
thousand eight hundred and thirty.two, and of I
the Independence ofthe United States theft- I
ty-seventh. I
ANDREW JACKSON. I
By the President: I
Edw. Livingston, Ij
Secretary of State. [1
NOTICE. I
Lnited States Arsenal Augusta, Ga, December H
1832. I
EALED Proposals will be received by the und'-f- 1>
' $ signed until the 2otb inst. at seven o’clock, P- ft'
for furnishing the Troops at the United States Arsens'. 1?
Sand-Hills, near Augusta Geo. with Fuel for ,WP ‘ V * Ij
months commencing on the first dav of January* Op- H
and ending on the last day of December, 1833. T” I)
W ood expected to be delivered must be Upland ly
Oak, Hickory, Black Oak, or Black Jack, sound, s: r,;l ? “ I ,
and tree from rot or decay, and delivered at the Arsen- l>
al above stated at such times and in such qu T.'i"-'-’ ** I -
the Acting Assistant Quarter Master at said Po«t »" 1 I j
direct. II
Bonds in the sum of SSSOO, with two securities ■_ I.
named in the letter of Proposals, and to be approved 11
the Acting Assistant Quarter Master) will be require H
to insure the faithtui performance of the contract. H
The letter of Proposals to be directed >o the ,in er
signed and endorsed on the buck. Wood Proposals.
A. C. FOWLER, 1
Lieutenant and Acting Ass't. Q iarter Master• ■
December 7 50 1
Y. O. Siisar, Coffee, Raising e * |
llhds N.O. Sugar 60
70 Bags prime Green Coffee K
Whole, half and quarter boxes Spanish -egari ■
20 Baskets Champagne, Favourite brands H
Boxes Lemons K
Jars of Grapes E|
Whole, Halves, and quarter boxes of Raisins • H
Landing from Steam Boat Charleston, and will t*'' H
low if taken from the wharf. uH
IN STORE. S
St. Croix and Porto Rico -agars, fll
Northern Gin, Bale Rope, Cut Nails assorted, HI
Iron assorted, Sacking, Hyson Tea, Arc. , |>|
Enquire of THOM A ; McGRA* • S
Dec. 11, 1832, 3t I
PIECES Tow and Hemp Bagging, 42
I.x”* es wide and sound, for sale at a re L II
rice for Cash or approved Paper by J
December 14 J