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THE COWriTI’TIONAMST. I
11 jy uTtEI * BtA'clh, |
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pkocla >iatio\ t ,
BY THE GOVERNOR OF SOVTJI-CAROLINA.
Whereas, the President of the United Stales
hath issued his Proclamation concernin'; an “Or
dinance ofthe People of Socth-Carolina,to
nullify certain ac’s ofthe Congress ofthe United
States,” laying “ du'ies and imposts for the pro.
lection of domestic manufactures.” -
And Whereas, the Legislature of South-
Carolina now in session, feeing into considera
tion, the mo'ters contained in the said Proclama
tion ofthe President, have adopted a Preamble &
Resol ir ion to the following effect, viz
“Whereas, the Pres.dent of the U. States
has issued his Proclaim-ion denouncing the pro
•ceding* of this State, calling ujion the citizens
thereof to renounce their primary allegiance, <k
threatening them with military coercion, unwar.
ranted hy the constitution, and utterly inconsis
tent with the existence of a free State, be i:
therefore.
Resolved, That his Exc< llency the Governor
be requested, forthwith, to issue his Proclama
tion warning the good peopleofthis State against
the attempt ofthe President of the United Stab 9
to seduce them from*heir allegiance, exhorting
them to disregard hit* vain menaces, and to b«
prepared to nus'ain the dignity, and pro ecf the
liberty of the Sta'e, against the arbitrary mea
sures proposed bv the President.”
Now, I, Robert Y. Havne, Governor of
South-Carolinn, in obedience to the said Resold,
tion, do herebv issue this my Proelamat #i,
sol mnly warning the good people of this State
a gains' the dangerous and pernicious doctrine
promulgated in the s .id Proclamation of he
President, as calculated to mislead their judg.
ments.as to he true character of the government
under which they live, and the paramount ohli
ga'ion which they owe to the Sta’e, and mani
f. stlv intended to seduce them from their allegi
ance, and by drawing them to the support ol the
violent and unlawful measures con emplated hy
the President, to involve them in the guilt of Re
bellion. I would earnestly admonish them to
beware of the specious but false doc nne* by
which it is now attempted to be shewn that the
several States have no' retained their en’iiesov
ereignty, that “ the allegiance of their citizens
was transferred in the site-d instinct to the gov
ernment of he I nited States, that “a State
cannot he said 'o be sovereign and independent
whose citizens owe obedience to 1 iwi no made
by it;” that “even under the royal government
we had no separate character;” that the Cons i
tution has created “a national government”
which is not “ a compact between Sovereign
States”—“that a Sate h.-.s no right to se
cede”—in h word, lhat ours is a national go.
vehnment in which he people of all the States
■re represented, and by which we are eons i u
ted “ one people” —and “ that our Represen a.
lives in Congress are all representatives of the
Uni ed Sa es and not of the particular Sa es
from whicli they come” —doc rin.'S which tip.
root the very foundation of our poli deal system
—annihilate the rights <*f the States —and u ler
ly destroy the liberties of ilie citiz n.
It requires no reason ng to shew wnat the hare
sta’ement of these propositions demonstrate,, that
such a Government as is here described, h s not
a single feature of a confederated republic. It is
in tru h tin accurate delineation, drawn with a
bold hand, of a great consolidated emp r , —‘ one
and indivisible,” and under whatever specious
form, i’s powers may he masked, i ism sac the
worst of nil despotisms, in which the spirit of an
arbi'rarv government is suffered to pervade ins i.
tutions professing to bo free.—Such was not the
Govermnen , for which our fathers fought and
bled, and offered up heir l.ves and for utv-sa* a
willings icrifice. Such was no the Government,
which the great and patriotic men who called the
Union into being, in the pi *nitn le of thoir wis
doms framed. Such was not the Government
which the fiihers ofthe r-vublican laith, led on
by the A post I j f*t American Liberty, promul
gated and successfully inaiiit lined in I7riß,anl
which they pro luced the great [>oli ic 1 revo
lution effected at that auspicious era. To a Go.
•eminent bas al on such principles, South-Caro-
Una has not been a voluntary party, and to such
• Government she never wdl give her sssen . j
The records ofour history do, in lee ’, afford
the prototype of these sentiments, which is to lie
found in the recorded opinion ot thos ■, who,
when the Consti ution was framed, were in favor
of a “ firm National Govermnen',” in which the
States should stand in the same relation to the
Union, that the colonies did towards the mo her
country. The Journals ol the Convention and
the secret history of the debates, will shew that
this party did propose to secure to the Federal
Government an absolute supremacy over the
States, by giving them a negative upon their
laws, but 'ht same history also teaches us that all
th<**«* projiositions were rejected, and a Federal
Government was finally established, recognizing
the sovereignty of die S ates, and leaving the
oons itutional compact on thefoo ing of all o her
compacts between “ parties having no common
superior.” h
It is the n itural an 1 necessary consequence
of he principles hus autliori a ively announced
by the President, as cons itu ing the very bas s
of our political sys cm, that the Federal Govern
ment is unlimited an 1 supreme; being the exclu
sive judge of the extent of its own powers, the
laws of Congress sanctioned by the Execu ive
and the Judiciary, whether passed in direct vio
lation of .he Cons ituliun an I righ’sof the sta'es,
or not, are “ he supreme law of the land.”
Hence it is that the President obviously cons d
«rs he words, “ made in pursuance ofthe Con
stitu ion” as mere surplusage ; A: therefore wlun
he professes to recite the provision of the Con
stitution on this subject, be s ates that our “ so
ciALcuM:• ver in express terms declares that tie
htes nf the United St lies, its Constitution, «Se the
Treaties ma le un ler if, are the supreme law of
the land,” & speak* throughout cf “ the explicit
supremacy given to the laws of the Union over
those of theS a es”—as if a law of Congress was
ofitsclfsupreme, while it was necessiry to the
validity of a treaty that it s'mjuKl be made in pur
suance of the Con* iuition. Such, however, is
not the provision of the Con s'itu ion. That io
•'rument expressly provides that “the Cons itu
*»s # am] laws ofthe Uni ed States which sh iU
b* mid* in puruunce thereof, shall be the su
preme 1«» of the lan I, any thing in the Cons i
tution or laws of any Slate to the contrary not
withstanding.”
«
j Here it will be seen that a law of Congress, as
such, c.m have no v.didi y units* made “in pur
suan£e of the Conrti'u ion.” An unconst tution
nl act is therefore null and void, and ihe only
i point that can arise in his case is whether, to the \
Federal Government, or any department thereof .
has been exclusively reserved the right to de- ;
cide authorita* ively for the States this ques ion !
of Cons itutionality. If tliis be so, to which
of the departments, it may he asked, is this right
of final judgment given ? If it he to Congress,
then is Congress not only elevated above the
other department of the Federal Governmen’,
but it is put above the Const!'utiun itself. This,
however, the President himself lias publicly an 1
solemnly denied, claiming and exercising, as is
known to all the word, he right to refuse to
execute ;ic s ofCongres* and solemn treaties,
even after they had received the sanction of
every department of the Federal Governm n*.
That the Executive poss uses this right of
deciding finally and exclu : vely as to the validi
ty of acts of Congress, will hardly be preen led
—and that it belongs to the Judiciary, except so
far as may be necessary to the decision of ques
tions, which may inciden ally come before them,
in “ cases of law and equity,” has been denied
by none more strongly than the President him
self, who on a memorable occasion refused to
acknowledge the binding authority of the J'Vd
ernl Court, and claimed for himself and has ex.
ercisod the right of enforcing the laws, no' ac
cording to th* ir judgment, but “ hi* own un
* anding of them.” And yet when ii serves 'he
purpose of bringing odium upon Sou h-Carolinu,
“ his native State,” the President lias no hesita
tion in regarding the attempt of a State to re
lease* herself f; om the con rol ofthe Federal Ju
diciary, in a m tier tiff ctiug her sovereign
rights, as a viola’ion of the Cons itution.
It is unnecessary to enter into an elaborate
examination ofthe subject. It surely cannot
admit of a doubt, that by the Declaration of In
dependence, the several Colonies became “ free,
sovereign, an i independent States,” and our po.
lifical his orv, will nbnndan Iv shew that nf
every subs quent change in their condi ion up to
the formation of our present Const.tu ion, the
States preserved their sovereignty, 'ihe dis
covery of ih s new feature in our system, tha
the States ex is only as members of the I nion—
tliat before the Declaration of Independence,
we were known onlv as “Colonies” —and that
even under the articles of confederation, the
S'ates were considered as forming “ collective
ly one nation” —without any right of refits ng
to submit to “ anv decision of Congress”— was
reserved to the President and his inunedi tit pre.
de censor. To the latter “ belong* the invention,
and upon the former, will unfortuna ely fall ilie
evils of reducing it to pracice.”
Soufh-Ca rol’na hoi Is the principles now pro
mulgat'd bv the President, (as they must always
be held bv till who claim to be supporters ofthe
Sta’e*.) “as contradicted by the le ter of the
constitution —unauthorised hy i s spirit —incon-
sistent with every principle on which i 1 was
founded —de* ructive of all fheobjec » for which
it was framed” —u'terly incomp* ible widi the
very existence ol the Sta es —and abs'du ely la
ta! to the rights and liberties of the peoj I •-
Soulh-Carolina has so solemnly and repea edly
expr<*4;'(i o Congn and the W •rid the prin
ciples which she believes to cons itute the Very
pillar* of the Cou* i n ion, that it is deemed mi
nee ssary to do more* at ’-his time, than barely
to present a summary ol those great fundament
at truths, which she b. li- ve* can never be sub-
V( te*l wi bout the inevitable destruc ion ol the
liberties of the people and of the Union i self.
Fouth-Carolina has neverclaimed, (as is assert
ed by the President,) the right of “ repealing
at pleasure, all the revenue I ws of the Union,”
much less the right of “ rep- alng the Con* i u
tion itself, an 1 laws pa.si •«! to give it effec
which have never I ten alledprtl to ■ e unconst tii
tion i!.” She claims only he right to judge of
infractions of the Const! u ion d compact, in
violation of the reserved rights of t e States,
an I of arrest in g he progn ssof i surpation w.th
in her own limits, and wh. n. as in the Tariff*
of 183*2, revenue and pro cc ion—const! n'ional
and nnconsti n i«»na! objec s have been so mix
ed up to ;etlu*r, t li.it i* t* found impossible *
draw the line of discrisnina ion—she h:is no al
terna ive, hut to consider the whole jis a sys
tern, unconstitut onal in its character, an i to
leave it to those who have “ woven the weh, 4 o
unravel the threads.” Son'll-Carolina msis s,
and she appeals o the whole pol.tic.il his ory oi
our country, in support of her position, “t iat the
Consti ution of the Uni ed Stat< s is a compact
between soverei ti States —dt til creat sa con
fuller .ted republic, not having a s ogle feature
of n itionalrv in i s b.nidation —tha the people
of the several States as dirt net political com
munides ratified the Const! ution, each Sta e
ac ing for i self, and bin lio ; its own citizens,
and no t ose of anv o her itto, ‘ho act ol ;ati
fication de I iring i ohe binding on the Sta es
so ra living—th rt it s arc is an'hors, heir
power crea ed if— be r voice c!<*t ie !iwi h au
thoriiV—the government whicli t formed, is
c imposed of their a ;ents, an I he Union oi
which it is die bond is a Union of feta is and
not of individuals —that as regards :he bum la
tion an 1 extent of its power, the gove. nment o!
the United States is s ric.ly what its name im
plies, a Federal Governm - * ti' —that ih-' S a cs
arc as sovereign now as they were prior to the
entering into the compac —that tne bedcral
Cons itu'ion is a confederation in the nature of a
treaty —or an alliance by which so many Sove
reign Sta es agreed to exercise their s >vereign
powers conjointly upon cer ain of>j<-cts ot exter.
nal concern, in which hey are equally interes -
ed, such a* war, peace, commerce, Foreign
Negotiation, and Indian 1 rade ; and upon all
o T her subjects of civil government, they were io
exercis.: their Sovereignty sep trite'y.
For the convenient conjoint exercise of the
s vereignty of the States, th are must of neces
sitv he some common agency or func ionary.
This agency is the Federal Government. It re
presents the confederated fetates, and executes
their joint will, as expressed in the compac .
The powers of th s govermnen* are wholly dc~
rintire. It poss ss sno more inherent sover
eignty, th an an incorporated town, or any othew
great corpora’e body—it is a political corpora
tion, and like all coronations, it looks for iu
powers to an exterior source. That source is
:he Sta’es.
Sou’h-C. irolina claims that by the Declara
tion of Independence, she became and has ever
s nee continued a free, sovereign, and lnde|)en.
dent State.
That as a sovereign Sta'e, she has ‘he inker
ent power, to do all *hose ac s, which by the
law of nations, any Prince or Pot« n ate may ot
right do. That like all independent S ates, she
neither has, nor ought sire to suffer any other
res mint ujH>n her sovereign will and pleasure,
than those high moral obligations, under which
all Princes and Sta'es are bound before God and
man, to perform their solemn pledges. The in
evitable conclusion from what has beensiid
therefore is, that as in all cases of compart be
tween Indepen lent Sovereigns, where from the
very nature of things, there can be no common
judge or timp're. each sove r ei?n Has a right “ to
judge as w II of infractions. jis of he mode and
measure of redress,” so in the pres -nt contro
; versy, between Sou h-Caro’ina and t ! e
j Governmcn*. it belon ss delv to her, by her tie -
! legates in solemn Convention assembled, to tie
i cide, whether ihe feden l compact be violated,
| and what remedy the State ought to pursue.
South-Caroiina therefore cannot, and will not
yield to itnv department of the Federal Govern
ment, a right which en ers into the essence o|
nil sovereign v, and withou which, it would be
come “ a baulde and a n me. ’
Such are t|ie doc.rtnes which Son h-Carol;na
has through her Conven ion solemnly promul
gated to the world, an i by them she will s and
or fall: such were th<* principles promulgated
by \ irginin in ’9S. and wdneh ilu*n received the
san ton of hos great men, whos- r.-eor led
s.*u iments have com ■ down o in ts a light to
our feet an i v iamn ’() our path. It is \ irg.uii
ant no* Sou h-Carolitta, who speaks when it is
said hut she “ views the powers of the Federal
Government, as resul ing from the comp'ict, lo
which the st ites are pirlies, as limited by the
plain sense and iu’ention of the instrument con
stitutiug that compact —as no further valid than
thev are authorised by the grants enumerated
in that compact ; and that in cas of a deliher
ate, palpalde and dangerous exercise of o her
powers, not gran ed by the said compact, the
S*a f es who are par ies thereto, have the riglr,
and are in duty hound, t > interpose, for acres .
ing the progress of the evil and lor rnain aining
within their respective limi s, the “an horities,
rights and I h-rti s. appertaining to them.”
It is K'-n uckv who declared in ’9l, speaking
in the explicit 1 mguage of I homas Jeffer-on,
that “ the principles and construction contended
for by members of the Sta e Legislatures, [the
very same now maintained by the Pres'dcnt,]
that the general governnii nt :s the exclusive
judge of the ex en' of the powers delegated to
it, sop no;fling short of despo ism—since the
discretion of those who admin’ster the govern
ment, and not the consti ution, would be the
measure of their powers: i hat the several
S ates who formed the ins rumen' h-ing sover
ei n and in lependent, have tlie unq tes ionalde
ri-riit o ind'fc of he infrac ion, and, Ts I AT, A
NULLIFICATION BY THOSE SOVER.
EIGNTIES, OF ALL UNAUTHORIZED
ACTS DONE UNDER COLOUR OF THAT
INSTRUMENT, IS THE RIGH TFUL RE
MEDY.”
It is -he great Apostle of American liberty
hanself who has consecrated these principles,
and lef them as a !e racy *o the American pro
pie, recorded by bis own hand. It is by him
that we are instructed —* that to tne Consti u
t oiv l eonrpac , “ each St t’e acceded as a S’ate,
and is an integral party, its co sta rs forming as
to i seif the other party,” that “ they alone la*,
ing parties to the eompac* are solely authorized
to jnt J fie in thr hut re'to >•1 of the pow rs cxtc’s
ed under it ; Congress being not a par y bu
merely the crwa'ure of he compact ; that it
becomes a sovereign State o submit to unl.-le
gated, and consequently nnlimi ed power, m no
man or body of men, upon earth ; that where
tlowers are assumed which have not be* n dele,
gated, [the v. tv case now before ns.] a nullihca
tion of the act is he righ lid remedy ; hat eve
ry State has a natural right in cas. s no’ within
the compact, [c is us non fetderis,] to nullify oj
their own authority til! assumption of power by
o hers within tlieir limits, an I ihat without this
right thev would he under the dominion fthso
lute and iinhmi ed, of whomsoever might oxer
eis ■ the rigid of judgment for them,” and that
in e. se of acts being passed by Congr ss
palpably against the Cons i ution as to arnoun
to an un Hsguised declaration, tliat he compact
is not meant to be the mas ireof the pow-rs of
the G n ra! Government, hut that it will pro.
cecd to exercise over the S a cs all powers what
soever, it wo d1 he the duty of he St.it. s :ode
elate the acts void and of no force, an . that
each .should l ike inc isures of its own for provid
ing that neither s ich acts nor any o her of die
General Government no ; plainly and in ention
allv authorized hv the Co istitution, shall he ex
ero’s,-d wi bin tlieir respective tend ori. s ”
li is on lli- s ; gre .1 and essantiol truths, that
South-Carolina has now act d. Judging for
herself as a sovereign S a e, she h s prono m
ce i die Protecting Sys*em, in all i s branch s,
to he a “ gross deliberate, an i pal; aide viola
tion of tlie Constitutional compact ; ” an i hav
ngi xh .listed i vervo her means of redress she
basin the exercis ■ of her sovereign righ s as
one of the parties to that compact, and in the
performance of a hi h and sacred duty, in er
posed for arres ing the evil of usurpation, wi h
in her own limits, by declaring these ac sto he
“ null, void, and no law, an j inking measures of
her own, that they shall no. be i nforced within
her own limits.”
South-Ca rolina has not “assumed” **di t could j
be considered as a’ all doub Oil, when she as. t
s r s “ *h t lie ac s in qu s ion, were in re; 1 tv
inten led for die protect ion of man ufac lire’s
that ‘ the amount received by .h an, is great
er than is r quired by he wan s of he govern,
men”—and finally, “ dia the p recce's arc to
he applied to obj.-c s unauthorized by the Con
si u ion.” 'These facts are no onous—hese
objects openly avowed. The Presidin', without
ins i'uting any inqnis tion into mo him
self discovered, and publicly denounced them ;
and his officer of finance is even n >w, devising
measures, in-ended, as we are told, to correct
*he*e acknowledged aims s.
It is a vain and idle d s;m‘e about words, o
ask whether th s right of S ate in erposition may
b • most properly styled, a Consri utionai, a so
vereign, or a reserved right. In calling this
right consti utionai, it could never have been in
tended to claim it as a right granted by, or de
rived from the Cons ilution, but it is claimed as
cousis ent wi h i s genius, i s Utter and its spirit;
it being not only His inetly unders ood, at the
time of ra ifying the Constitu ion, but expressly
provided for. in the ins rument i self, tha all so
vi reign rights, not agreed o be exercised con
join !v, should be exerted separat ly by tlie
States. Virginia declared, in reference to the
right asserted in the Resolutions of ’9?, above
quo ed, even after having fully and accurately
re-examined and re-considered hese Resolutions,
“ that she found it to be her in lispens ihie du y
to adhere to the same, astounded in truth, as
conson ml with the Cons itution and as conducive
to its welfare,” and Mr. Madison hi ms If. as
set ted them to be perfectly “ consti utionai and
conclusive.”
It is wholly immaterial, however, by what
name this right may be called, for if the Con
sti'urion be “ a compact to which tile Sta es are
parties ” if “ acts of the Federal Govermm n
a re no further valid than they are authorized by
the grants enumerated in that compact,” then
we have the au horitv of Mr. Madison hirnsHf
for the inevi aide conclus on tha.* it is, “ a plain
principle illustrated by common practice, and es
sential to the nature of comp ac s, that when re
* 8e« original draught of the Kentucky Resolutions in
the hand writing of Mr- Jvffersoj, lately published by
hi* grundasn.
sort can be had to no tribunal superior lo the
author! v of the pn •lit s. the parties themselves
must be the rightful judge in the 1 st r> sort,
wlie her tlie bargain made, has been pursued
or violated.” The Constitu ion, continues .Mr.
Madison. “ was formed by th-. sanction of the
c t ties, given 'y each in its sovereign capacity :
the States then being pm ties to the cons i u ion
al compact, and in their sovereign capacity, it
follows of necess tv, that there can be no tribu
nal above their authority, to decide in he las
resort, whether the compact made by them be
violated ; an 1. conscquen ly, that as tin* par ies
to it, thev must ‘hems lv. s decide in the last re
sort. such questions as mnv tie of sufficient mag
nitude to require th. ir interposition.”
If this right does not exis’ in the several States,
then! is clear tint tlie discretion of Congress,
an ! not the Constitution, would be the measure
of tli ir powers and this, says Mr. Jefferson,
would amount to the “ s-izing the rights of the
Ftavs mi 1 consollda ing th. m in the bancs of
the General Govemm n . with a power assum d
: o bind rile S'at.s no odv n •: s s made (e<le
ral, but in all cas swh ts >ev. r : wh ! w■ d
be to surrender tlie form «>, Leo ,n c
have ehos -n, to live un ler one ■ > .
er from i s own wi l.”
We hold it to be impossible to rcs : st the argu
ment, that the several -States as sovereign par
ries o the compact, must possess he power, in
cases ofgross, deliberate and palpable viola
tion of the consritution, to judge etch for itself,
as well of the infraction as the mode and measure
of redress”, or ours is a Consolidated Gov .r\-
>i ,xr “ withou limitation of powers,” —a sub
mission to which Mr. Jefferson has sol midy pro
nnuuced to he a grea‘er evil than d s in ion i s !t.
If. to borrow the language of Ma lison’s report,
“ the tl libera e exercise of dan reruns powers,
palp iblv withheld b\ lie Constitu ion, could no
justify the parties to it, in interposing even so far
as to arrest thr progress of the evil, an I thereby
to I’HESCRVE THK CONSTITUTION ITSELF, IIS Well
as to provide for he safe y of’ho par ies to it,
there would lie an end to all relief from usurped
power, and a drive subversion of the right speci
fied or recognised under all he State Constitu
tions, as w II as a plain denial of he fan lam ‘tit.tl
principle on which our in lependence its--f was
declared.”
The onlv plausible objec ion that can he urged
against this rigli', s> in lispens ride to the sri’e y
ofthe S ates, is that it may he abused. Bu
this dan'ger is believed to he Itoge her ima-una
ry- So long as our Union is f It as a hi -ss n ’ —
and this will be just s » lon j as tin* fi d r d gov.
eminent shall confine i s oper-i i<>ii within he
acknowledged limi s ofthe Charter— hre will
lie no I -mp ation for any S ate to invrfi-re wi h
the harmonious operation ofthesy -tern. There
will exist the strongest motives to induce forbear
ance, and non to prompt lo aggression on eit u- i
side*, so soon as it s inII come to lie miivers dlv
felt an i acknowledged ha th • rs at s do not
sfan ! to die I nion in the rcl t on of degraded
an 1 depen dan coloui. s, hat th it oar b-*n 1 of
union is (tinned Ly m.i tud sympatlih a and e,mi
nion iuteres*s. 'The means-,v.-r o tliis objee ion
has been given by Mr. Ma ils an, when be
says —
“If does not follow, however, tha* because
the States, as sovereign pa ta s to die c«»us itu
loual compact, must ul imatelv decide whether
i has been violated, that such a decision ought
to be in erj used, ei her in a has v manner, or on
doubtful an I inferior oec.isOns. Ev-ui in lic
ense ofor finarv conventions Ir tween diff rent na
tions, it is always k.id do.\ n hat riie breach must
he hot: i wilful and material !o just Tv an a| pi.ca
tion of tile rule. Bu in t;e case of an iiiluna c
an I cons i ution .1 union, like hat of the United
.States, it is evident tuat he in erposition of the
parti, s. in heir s ivereign ca acity, can he call
ed f»r by oc«;as «»ns only, deeply and er-u nti llv
aifjcting he vit.d principles of di. ir p-cfit cal s. s
cm.”
Experience dem ms'ra'es tha* the danger is
no t mt a sta e will resor. to her sovereign rights
oo fVcqnen ly or on ligh and trivial occas oas,
but that she mav s :r nk from asserting them as
, » O
o ten as may be iieciss.rv.
1 is maintained by rfouth C rolin i, tba*, ac
cording othe rue s. iri» of the Coiisritut on, it
becomes Con r r-ss i>'i ad emergencies like riie
present, cither o remove the evil by legislation,
or o s >lic.t of he cS‘a i s .lie c.dl of a Conven
io i ; an I li i ,on a Ikd t’e t-iobt tin by he con
sent of three four Isofi.li he »S a •s, au amend
ment giving; he disputed power, it must he re
gar-led as n ver huviiig lie. H int<*n led o lie
given, 'i’rii's 'principles have bet n distinctly
recognized by the Pres Men hims It’ in his mes
sage It* >*on -ress at the conimeiicemenf of the
pr sf-pg session, and they s cm onlv o he im
prac (cable absurdi it a when asset- ed by Sou li
Lit rolina, or made applicable to her exis in g
controversy wi h the Federal Government.
But if s ems that South Carolina receives
' from th * Presiden no credit for her smeeri v,
when ■" is declared ihr .ugh her Chief’ Magis
trate, ’ ha. ‘so suicen ly and anxiously seeks
and ds 1 res” be s .bmisson ofher gri'-vaneesto
a couvi ntion o ad lie St -It s “The onlv al ern -
five (si\s he Pr s un ) which she p-vsen s, is
he reppil o ill the est oc r lung revenue :
leaving the govern n i w h. i li m• ns >';
support, or an aeq ties eu t e " ■ 'w-‘
our Union." Sou h Carolina li s p t > ieef u
such alternatives. Ifthe Pn side-nt hail read ii -
documents whic'u riie Convention caused to he
forwarded 'oliim for- be express purpose of mak
ing known her wishes, and her views, h<* would
have foun I, that So. Ca. asks no more h n that
the Tariffshould be reduced to the revenue st n
dard ; an.l has dis inetly express *d lu*r willing
ness, that “an amount of dnti s safi.s an iallv
uniform, should be levied upon pot.-eted, as w« 1!
as unprotected ui tides ; sutticien lo r-iis-. the re
venue ru-ci ssary to meet die demands of he gov.
eminent, for cons itutional purpos s.” He would
have found in the imposition, pu forth hv he
Conven ion its If, a dist.net aj peal to our sis er
Mates, for the call of a Conven ion; and die ex
pression ofan entire willingm ss on the part of
Sou'll Carolina, to submit the controversy to
that tribunal. Even at the very moment w hen
he was indulging in hese unjust an I injurious
inipu a ions upon the people of Sou ; Si Carolina,
and tlieir late highly res]«-eted Chief Magist a e,
a resolu ion had actually lieen passed thro’ bo h
br..nches of our Lcgislu ure, demanding a call of'
that very Convention, to which he declares -hat
she had no des.re riiat an appeal should be made.
If does not become the dignity of a Sovereigi St te,
to notice in tlie spirit which might be consider.-d as Im>-
lotiging to the occasion, the u iw irr *nt *ble impntalons
in which the President has thought proper to indulge, in
rel .tion to South-Caroiina, the pro- eediiiLß ot her citi
zens and constituted ;iuthoriries. He has noticed, only
to give it coutitenance, ih .1 miserable slander whi -h im.
putesthe noble stand that our people have taken in de
ience ot their righ s and liberties, to a faction instigate.l
by the efforts ot a few ambitious le iders who h *ve got
up an excitement lor tlieir own personal agjrr ind.ze
ment. ’I lie motives and characters of tho«e wha h ve
been subjected to these unfounded imputations, are be.
y >nd the reach «t the President of the United tales.
The sicrifices they have m ide, and difficulties and tri
als through which they m iv h ive yet to p ss, will leave
no doubt as to the disinterested motives and noble im
pulses of patriotism and honor by which they are actua
ted. Could they have been induced to separate their
°\m personal intercuts from those of the people of'Oiith
Carolina, ami have consented to abandon the ; r du'y to i
the State, no one knows better rh in the President him
solf. that they might have been honored with the highest
manifestations of pubi c recard, and peril ips instead o
being the objects of vituper t on, might even now It >ve
been basking in the sunshine o Exe.-mive favor. This
topic is alluded to, merely for the purpose of guarding
the people of onr sister states against the fatal dehis : on
that South-Carolina has assumed her present posit on
und. r the influence of a temp «rary rxhement; and to
warn them that if has been the result of the slow hut
steady progress of public opi: i«n r or the lasi fen ye.ra :
that i ; is the a t o* the people themselves, taken in con
formity with the spirit of resolutions repeatedly adopted
in their primary' assemblies; and ;he solemn det< mama
tionofthe Legislature, publicly arm mneed more than
two years ago. Let them not so tar deceive iheinselvt s
on this subject, .as to persevere in a course whi it must
in the end inevitably produce a dissolution of the I uion.
under the vain expectation that the great b >dy of the
people ot Sonth-C r din t, listening to the councils of
the President, w li acknowledge their error or retrace*
theirsteps: and s'ill less that they will he driven ironi
the vindic lion a their rights, by the intimation o* the
danger of domestic discord, and threats o 1 . wlese vi i
lence. Tie hnve men who have thrown theo’selvi s
into the hrea-h i t cle ence of the rights and Hb r ies
of their c ui’vry, are not • •*» he driven fr > n then h *le
•vr-o-we by' nb*n • 's. E f a rrnie-i e 1 »bl • ptv. vid
:de its I bve > e r iVVni . i cels ri ’
»: - i- ,-n : ne-\,;nia aeof a sa red du‘y
Pi., people of Sou lid r din . are well tware that h >w.
ever r>*ssio*i and prejudice may obtain 'or a scam n the
mastery of the public inn i, re ison &j* ■ ice must ■ • >ner
or later reassert their empire : and th if whatever m*y
be the event of this contest, p >sleritv will do justice to
iheir motives, and .to the sp > les- p r ly, and dev >'t d > •-
tri itism, wiih win hthey h ive eu ! ered into an -rdnous &
most unequal conflict, and the unfaltering courage with
which, bv the blessing of Heaven, tliay will maintain it.
The wh de argument so tar as it is designed at
this time to en eriuto if, is unv disposed o' ; a*d it is
necessary to advert to some p issages in ihc Pr >- frn *-
tion which cannot be passed over in silence. The
President distinctly intimates ill t it is his determina
tion to exert the right o r putting down the opposition
of south-Carolina to the Tariff, 6*/ force of aim. He
h lieves himself invested with power to do this under
h it pr ivision o r the Cons'itution which directs him “to
rake care that the laws be faithfully executed.” Nov
ifbv this it wis only meant to bo asserted tbit under
the laws ot'C ingress, now of’brce. tin’President wmbl
feel hiinsel* bound to ai l the civil tribunals in the m in
ner therein prescribed, supp >sing such 1 iws to be con
s'itntiou:l. no just exception could be taken to this as.
sertion of Executive duty. But if, as is m niiestly n
tended, the Presi lent sets up the c! dm to judge for
himself in wh it manner the laws are to he en orced. and
feels himself at liberty to c ill forth ihe militia, and even
the military and ri.iv il forces of the Union, against the
Stale of South-C if diua, her constitute;! aufh unties and
citizens, then it ; s clear that lie assumes a power not on
ly not conferred on the Executive by the constitution,
hut which belongs To no despot upon e rth exercising
a less unlimited authority, th m the Autocr t of all the
Bussias: tin author ly. which, if submitted to, would at
once reduce t ! e free people o‘ these U iited States t • a
st te of the m st abject and degraded si ivery. But the
Pri s dent h s no power wh itsoever t • execute the
Laws except in the ni >de and manner prescribed by the
Laws themselves. Oi looking i f.) tiicse Liws, it will
he seen th it hi* h s no sh idow or semblan e ol an lion
tv to execute any of the threats which be lias ilirown
o t against the good people of Sonfh-C ;rolin i. T.ie
Act of 28 li Fe!)ru ry, 1795. gives the President authority
t>» call for h the Militi.i in case of invasion “by a foreign
nation or I uli an Tribe.” By the 2nd section of that
Act.it is provided that “ whenever the Laws o ’the
United States shall bo oppose I, or the exe uti >n there
o': obstructs I in any state, by combinations too power
ful to be suppressed by the ordinary course of judi
ci d proceedings, or by the powers vested in die in .r
--sb Is by this A *t, it sh ill be law’ll) 'or the Presi
dent of the Uu.ted Sta'cs to call lorth the Militia of
su-li state, or of any other sti'e or states, us may be
necessary to suppress such combinations, and to cause
the Laws to he duly executed.”
The words here used, though they might lie suppos.
ed to he very comprehensive in their import, are re
str dned by th >se which follow. By the next section it
is declared that “ whenever it may be necessa y in flic
ju Igment of the President to use the .Military lor c here
by directed ro be called forth, the Preside it sit II forth
with, by Prod mi ition, command such i.v-ujaGK.vrs to
dispense mil retire peace b!y to their respective abides
within a limbed time.” O i reading these two sections
to ether, it is manifest that they rel .te entirely to com
hi iitions of in livi Inals acting o f themselves without
any 1 iwtul -nnhority. The constituted auriiorities act
ing under the I ws of the stite. and its citizens yielding
obedience to its commands, c .nnot possibly be consi
dered its a mere m >h forming combinations against the
authority an I I iws of the Union, t > be dispersed hv an
E.x Ki'it'ivc Prod itnation, .nd anv •• ttem*ii so t j tre it
them would he a gr iss an 1 ptlpdde violation ot the
sovereign nub >r : tv of the s f ;te, and n o.Fert-*e pu tish
able criminally in her own Courts. Whether the late
prod in ti >n o' the President was intended as a com
pli mce with the provisions of this act, does not very
de rly appear. But if so, it c n only he c cisidered as
directed again f the state, since the Laws of the United
Sia'es have certainly not been forcibly obs meted by
combinations of any sort, and it is cert ii ly worthy ol
observation th o the comm ind exteude I to the people i
no - th a th“V sh mid disperse, but that diey sh mid re- is
srmb’e in Convention and repe.d the obnoxious Ordin
ance.
The power of the President, so far as this subject is
embr ice I, in re’ation to the Ar uy an I N ivy, i- ex ictly
co.exte'is ve with that over fie militia. By the Ist. sec
tion of A -t of 3 1 M irdi, 18.17, it is expressly pr >v d d,
that i*i all cases o'" “ob- ru tion to the liws of th* U.
St ites or ol any in I vi iu I st .te, where it is | iwful or
the President to c ill forth the nidi i t 'or the purp >se o
causing the laws to he duly exe me i, it so dl be I iw.ui
fir him to etnaloy for the s me purp isc. su it part o toe
land >r niv.l 'or e oi the U tited St .les is may be ne
eessary, having first observed all the pre-req t'siles o,
the !iw in ihai respect.” il*ro then ;t is seen, th it un
less tie Presi lent is res dv d to dtsregird all eo istitu.
>i mi d oblig tions, and to tr imp!** the laws o: his conn
try under his 'eet, he h is no auhority wh itever to use
force against the slate of S >ut!i-Carolina, and should he
attempt t) do so, the patriotic citizens of this st te,
know too well their own rights, and have too sacred a
reg ml to their duties, to hesitate one moment, in re
pelling invasion, come from what qa irter it in -y. Could
they he deterred by the threats ol 1 iwless violence, or
any auprehension of consequences, trom die tfiith ul
performance o’ 'heir duty, they would feel hit t tev
wer- the now rhy descend nts o tie * Pi i k’i * s
j Sumter«. a d Rm! d.;e-* . >h us 11 1 ot ..-r n ••
i wbi '! d • b oi,- - .; -r •! . n r.* til •» ,
• * ’• : ' | -r ! ,i» .if ’ i u*», -'lUl ><••••*
- ' • :>• • itie)i . line;.', e i ..a_ is i legacy liietr s>-
eai.i tojiiu. tion tit t we s.b »ald -ever da mdon tii.s con
test un il we sb dl It ive obtained “ a fre -h nnder.il a tid
ing of the bargain" and restored the I berties :or winch
tbey fought and bled. Others still li tger among us,
anim iting ns by their extmpie, and • xhorting ns t i
maintain that “ solemn Ordinance and Declaration”
which they h ive subscribed with their own names, and
in support of which they h ive “ pledged their lives,
their fortunes and their sacred honor.”
Toe annals which record toe struggle of freed mi,
-O
show us that Rulers in every age and every country,
jealous of their power, have resorted to the very same
means to extinguish in the bosom of mm tii it noble ui.
s’met of Liberty which prompts him to resist oppression.
Tne system by which Tyrants in every age h tve at
tempted to obliterate this sentiment and to crash the spi
rit ot the pe >ple, consists in the skii ill employment o
promises ind litre its, in alternate efforts to i noourage
their hopes and excite their ’e irs—to show that existing
evils are ex iggerned, the da *ger of resistance gre t
and the difficulties in the wiy of success i superahle ;
and finally to sow disseutions among the people by crea
ting jealousies and exciting a distrust of those wh >se
counsels and example may be supp sed to have an im
portant bearing on the success of their cause.
These, with animated appeals to the loyalty of the peo.
pie, and an imposing array of" military force, co istitute
the means by which the people have in every age been
reduced to slavery. When we turn to the p iges of our
own history, we find that such were the measures re
sorted to at the cotnmen emem of our own glorious re
v dution, to keep our fathers in subjection to Gre if Bri
tain; and such are the means nnv used to induce the
people ol Carolina to “ retrace their steps," and torem tin
orever degraded col mists, governed not in reference to
their own interests but the interests of others. Our
Fathers were t >ld, as we now ire, that their grievances
were in a great me isttre imaginary. They were promised,
as we have been, that those griev mcesshould he redress
ed. They w;ere told, as we now ire, that the people were
misled by a few designing men, who-e object w s a dis.
solution of the Union, & their own sell-aggrandisement
r.uey were told, as we now are, ol the Danger th it
would be incurred bv disobedience to the Laws—l ne
power and res mrccs of the M uher Country were then,
as now. ostent itiously displayed in insulting contrast with
the scattered p »pul ition and feeble res mrees on which
we could alone rely. And the punishment due to Trea
son and Rebellion were held out as the certain fate of all
who should disregard the paternal efforts of their Royal
Master to bring hack his erring children to the arms
their indulgent M >ther. They were commanded, ns *
have been, to “ retrace the r steps.” But tho’ diviT**
am >ng themselves to a greater cx'ent th in we are now
without an <Tsr mused tioveminent, and destitute ofhrm'
a d n s inn-es of every ties notion, thev b d defunct t>
the tyrant’s power, ami refused obedience to his Cu m
mantis. They incurred the Icgd guilt of Rebellion. an j
braved the d ttigers, both of the scaffold and the field j'
opposition to the c dossal power of the : r acknowledged
s ivereign. father than submit to the imposition of
ligh* anti ineoisnler dde in themselves, but In noted
out their consent for the benefit nf others. And wh tig
our present condition ? We hwe an organized Govern,
nieut, and a population three times as great asth it which
existed in ’7(i. We are m iutaining not only the rights
liberties o f the people, hut the sovereignty o four own
sta'e. ngainsr whose authority rebellion may be comnii’
ted, but in obedience to whose comnunds no nun car;
'•onintir treas >n. We are struggl tig against nnconsiit u
t : o ial ind oppressive tix ition imposed up >n ns, not on j
without onr consent, hnr in defiance of onr repeated re
monstrances :md solemn protests. Ii such a qu arrp .j
our duty t.» rur country,■*hu»-«elves. and onr posterity ,
too plain t> he m's’ iken. W*wll st eal up m the s>jj 0 f
C r diua rnd inaint imthr sovereign u h<>r ty ofthe state
rbe buried benen h t*» ruins A< unhappy n j
fid! be ’re he P aver >f 'lie A to ra’. so m.y’f n ,|j
!>e reshed h. the power o' her enemies,— f,., r p,| m j
was i * s -r *u ; 'ed hv ree and in lenemle t«., e ,
». r sfe •. 11-e Iters, 1 , i;t preventing the e-t '
t'o* ver.'tyra my which they are c died upon in j mpot ’
up m -i si ter sta'e. I in spite of our comm.m kindred &
c 'truiun ipferesfs, flic gloriotis recollections nf the p : ,*t
f vie proud hopes of the future, South-C ;r.*linashould
b dtixTy nbtnrtoneil to her fate, and reduced tu»nbj ei .
tion. hv an unholy combination am mg hers'fitersiues-1
whi h is believed to he nfterlv impossible—and the due
trines promulgated hy the President are to become th*
foundations o<" n new system cemented by the blmd 0 f
onr citizens, it m liters not w hat may be onr lot. Under
such a G ivenment. as there could he no liberty, so there
could be no security either for our persons or our pro
pe'-ry.
Bn' there is one cons >1 ition, of which in the provifence
o< God no people can he deprived, without their
consent: The proud consciousness of having done their
duty. If onr country must he enslaved, let her not be
dishonored by her own sons ! Let them not “fafetht
rhaii s themselves by which the r Lhert es art to be man.
ac'ed"
Tite President has intimated in his Proclamation that i
“ stan ling Army” is about to be raised to carry secei.
sion info effect. South C r diua desires that her true
p isiti in sit all be ‘dearly underst >od, huh at home, ami
abroad. Her object is not “ disunion”—site hs r *ised
no “standing Armv” nd if driven to repel invasion or
resist aggression. >he will do so by the strong arms nd
stout he irts of her citizens. Sonth-Uarohnn Ins so.
lennly prod limed her purpose; th ;t purpose \slher n
ilicafhn -f her rights. She his professed a sincere at.
tachment to the Union ; and that to the utm >*t of her
power she will endeavor to preserve it, “ but believes
th t for this end, it is her duty to watch over ami oppose
anv in 'r ictioa of rh >se principles which constitute the
oulv bas ; s of tlv.t union, because a fiithhtl observance
of them can al me secure *ts existence ; that she vene.
rites the constitution, and will protect and defend it
“ag i'ist every iggrcs-ion either foreign i r domestic, *
hnr above all, that she estimates ns beyond til' price her
i.ibeitv, which she is unalterably determined never to
surrender while she h s the p mer to maintain it."
The President denies in the most positive terms th*
righ' of a st te n ider any cir *um.«t inccs to secede from
the U tion, and nuts .this deni il o*i the grou id “ th it from
t ie t me the states parted with so rn ny powers as to
constitute j dully with the other st ites a sinoi.e nation,
they cannot rom th it period possess any rig ! t to secede."
" hat then remains of those “ rights of the .Mtes" lor
which the President nro'esses so “ high a reverence"—
in what do they consi t? And hy wh :t tenure are they
held ? The uncontrolled vTI of the federal government,
L'ke any "flier petty corporation, the states may exert
such power , and such only as may he permitted by their
snperi irs. hen they step beyond these limits, even *
federal officer ni l set at nought their decrees, repeal
their solemn ordin nces—proclaim their eit zens to be
Tiiaitors, and reduce them to subjection hv military
f»r-e; ind if driven to desper ition, they should seek#
ri'fiige in seeessi in, they are to be told that they hire
hound themselves t > th ise who have perpetr .ted or per
mi ted *h**sc en tr.uitios, in the ir m b utd-s of a “m
--ecu At, Union ”
I these principles could he established, then indeed
would the days of our liberty be numbered, am) the re
public will Inve found A MASTER. I( Soutli (’aro.
lin t h id not already taken her stand agains the usurpation
of the fuller il government, here would have been an or.
casio i, when she must have felt hersel* impelled hy eve.
ry impulse o pitr otistn and every sentiment oi duty, to
»t ind forth, in open deli nice o ! ’the arbitrary decrees ol
tho exe ■utivc, when a sovereign state is denounced, Iter
authority derided, the allegiance of her citize* s denied,
and she is thre ifened with military power to reduce her
t > obedience to the will of one of the function tries of the
le ler.al gover uneiit, hy whom site is commanded to “text
Irani herarch’v. s” Iter m »st soletn’i decrees—surely the
tfine has come when it inn t he seen whether the people
o the sever il st tes have indeed lost the spirit U there
v Inti >n, and w hether tli«*y are to become the willing in.
struments of tin unh (lowed despotism. 1 1 such a sacred
cause S mill (fitr ilm i will feel tint she is striking not
lor he I own, hut the liberties the U non ami the biuhts
of min, an I she trusts th f the i<sue ot this
co uest will lie an exam de to freemen and a lesson to
rulers thr uighoul. die vv.trld.
Fei.i.ow-Cit.z ns—ln the name andhehalfof the state
o Sout.i Cirol aa, I lo once more solermlv warn ym
iga ist dl itte nit i to'-ed me you r>m y >ur print iry I
leguin *e t > lie sa e, I charge you to fie faithful toy in
duty as uiiizeus o' S mill C ir dinti, and e ir u*«lly exhort
you t i disreg r I rh is.* 1 v tin mvu i es” o milit ay lor e,
wfii *li, if the Preside t, i i violation of all his co'istiuuioa
al o'digit j is, hi I if v air :n s s i *r * I rig’its. s't mid he
fern it el to enjifiiy, it w ul I heeone your s de in duty
it dl h z rls t > resist. I require you t> he ally,pre
() red, t i sust il.t tho digtiity and protect the liheitif* "f
the v t tte, if need he, with your ‘ lives and torlunei*.”
Aid*n iy that gre t and good Bein who, as a “f»uut
c retli or hi« iiildren,” inspire us with that holt if**-
in A GOOD CAUSE, whi 'K is the BEST SAFEGUARD OF OCX
Riducs and Liberties.
I* i ttsdmoiiy whereof, I have caused the seal of
[ffi. S.] the st ie to be 'hereunto tiffixed, and have signed
the s me with niyhand.
Eo ie a *. 'o u *ib *, t 08 2 )rh day o. December, '■
the Year n Oar ijord. a id in the 1 i lepeavleuce of
the U i te 1 .Motes, the fi.iy.seve’uh.
ROBERT V. HAYNE.
By the (I >ver ">r,
Svmijei. lie;.TON 1.
.'t* • a-1 r o r t te,
X'i tk. \ i
Hue re e red ih i day, per schr. F.xcel, f.om
Ytr!c, a Large supply of
gEASOVAIJI.U ii >ODS.
AMONG THEM ARE,
T ibet Wool Shawls and H Ik(s with
Vi E ulioss’ il md D iiuask border (a very large supply.
Extra rich Merino Long Sh iwls
Super brown and sported Fur Tippets
Super pi in, green and w ter’ 1 Gro de N ip Silks
Extra dal width French black Bombuzefns and supe
rior Pongees
Super rich c irlet and Fancy Prints
Lad es’ snp’r hik. W ;rsf. and wht. Lima’s Wool Hose
B »>>’ L mb’s Wool Ii If Hose
Super blue, black and brown Cloths
**uper fumy stripped Cass meres and Saftinetts f fur
Boy’s Clothing)
Super blue steel and Oxfiird mixed Saftinetts
2 cases low pric d Ox ord mixed S itfineifs
Heavy l)r<b Flushings and Super Bleached Canon
FI innels
Extri heavy IG-4 B-th Blankets. ,
By the above and other lecent arriv tin, S. & 8. are>
now in possession of a very large and beautiful ass la
ment of
duv coons.
All of which wll he sold at very low prices- Th«y« ! ‘
dso receive, this week, p»r ship M icon, and sch* , "
Extra, 1 irge ad lition d supplies, comprising a beautiful
assortment of Fin-y and St iple articles.
Country merchants will be supplied at a small a--
voice from New. York prii>es.
August i, December 11 5t 51
MVliklJisi tlliuaii\ar TO*lttO.
rI!E itbs ribershave just received a lot of rhe*-
ing T )!>nc o. warranted equal to any. -
They have also in Store (on Consignment) a I°' 0
food and comm >n Tob ;cco, which will be sold low.
WM. H. MORE!AN & CO.
No. 212 Broad.street.
November 3') 48
TO HIKE.
T|XHE subscriber has sever d Servants t> re ' V
■ mong w hich are ex *ellent house servants of “°‘
sexes—and Boys and Girls. . _
L. F. E. DUGAS.
December 21 ts