9II?rERI§i’ & FARMERS’ JOVR?TAli. PRINTKD AND PIJBL181IED EVERY SATURDAY, BY TIIOMAM J. IIOI/rON....CIIARIX>rrE, Mi:r Kl.RNBUItU COLNTY, NORTII-CAROLl?)A. I WllX TCAOH »0U TO PUCKCC Tl« lOWKI^ OF Til* BARTH AHO >Rim> OUT niOM Tilt CAVMNS OF Til* MOL'STAINR, MltTALII Wlliai WIIX OIVE BTIirNOTH TO rM'» HANKB AND BI'BjrCT ALL WATURB TO OUR OST. AND PLEABDRE. DR. JORNBON. VOL. Ill* SATURDAY, APRIL. 27, 183:i. NO. 135. Government, and on the equal rights of other Stutr^, a violation of the constitution, and a proceeding essentially revolutionary. This is undoubtedly true, if tlie preceding proiKMsitions be regarded ns proved, if th^ the j to flocure deliberation and caution in legiB- nfnt’ At Joiumal ^ lativc proceedings. But to resist the will prinUHl tiid publiJHid .verjF Saturday inorning ro«j«rity in both tluuses, thus con- at Tuo Mi»n p«r annum, if ^id in advance; ^ gtitutionally exercised; to insist on the law- Ticrt DolUrt*"^ CeHtt if not paid in od. fyinejg of mterpusitioa by an extraneous wic«; r»rM j power; to claim the right of defeating the I Government of the U. States be trusted VEHTI8EMENT8 will be inserted at Fifty ^j|j ©f Congrew, by setting up against it | with the duty, in any deportment, of declar- cenl*periqtiare(note*c*.dinf 30lin«.,)forUi«||he will ofa single State, is neither more i ing the extent of its own powers, then a £r«t iofertion, and 25 cents foreaeh (uccofding j strikes me, than an attempt week—or II for thre. week*, for one aquare.— i jq overthrow the Government. 'I’he con- X liberal di»count will bo made to thow who i gtituted authorities of the U. S. are no lon- tdTerti»ebyihejT«r. CT(^anadverti»emcnU j ^ Goverurnent, if they be not inanters eommunicat*d for publication, the miitiber of iDKrlioni muat be noted no the mar|rin of the mtniwrript, or they will be continued until forbid, and charjH accortJingly. ,• All communicatiooi to the Witor must come *fr«eofywfr.«>f attrnd.-d to. TUK Jf ARKETti. of their own will; they are no longer a Gov emment, if an external power may arreat their proceedings; th«-y are no longer a Government, if acts pas^ by both I louses, and approved by the Prrsieont, may bcnul- ! Iilkd by State vetoes or State ordinances, j Does any one wippose it could make any ; difliirmce as to the Uiiiding authority of an CHARl-lSTON, APRIL 16, 1833. i net of (3ongrc», snd of the duty of n state Cottnn.Sea Ui»nd, IB a 30; upland, new. |0J a j rej,p,^t ii, whether it pasaed bv a mere l^ee. a *|: infcrijie to g^4, 9U | ,y ^^oth Houses, or by thn^r fourths : floc»r, •opertine, 6 • 00; lorn, W t 65|i . • r i -..i-'aiO; Whukey, 33 a Mi N. t:. Kuin, "f or the unanimous vole of each? 37 a 38; Apple Braiidy, 40 a 42i B«e«. i Within the limits nnd restriction* of the I, 17 aOO; Tallow,(’arolina, 11 a ll|; Mack.' Constitution, the Government oftlie I’. S., cl. No. I, 7} No. 2.*; Bacon. 6 a 7; >i»n«.. act* bv mac braiidy. 150 a WO; iUland din, lou a ever, therefore, denounce* the Government ^ Irnn, Kuaaia aod Swede*, #4 a 41 per Ibt.; rif niajoritiea, I«ihhjuc's the (Jovemmcnt o4 1. Liverpool.in bag«or4 bu«h. I| a I}; in bulk, own country', and denounce*! all free l.iS aOO, ^ , - ^ GovemmenU. And whoever ^.wld re- brow., 7 a 8; HL Cro.. and Ja... 7 a t|; «hile .et.n« wi a 00; T. Mand 11^; brow., 7 a •«4^rluin«. 6 a 7|i Cub.. US m 00; State ordinance, or net of legislation, au thorizing resistance to an act of Congress, on the alleged ground of its uroonstitiilion- aUty, is manifestly a usiurpation u|>on its powers. ff the St.ifes have pqnal rights, in mat ters concBrning the whole, then for one State to w't up her judgment against the judg'nent of the r«*st, and to insi«t on ex ecuting that judgment bv force, is also a innnif'-st uburpation on tlie rights of other States. If the constitution of the T. Stales he a Government proper, with aiilhority to pxss laws, and to give them a uniform interpre tation and cxecutiw, then the interposition of a Slate, to enforee her own construction, and to resiM, a« to herself, thal law which bindx the otlicr States, is a violation of the conMitiition. And if that bo revolutionviry which ar rests the l»‘gi.s|Htive, executive, and judicial piwer of (lovommeiit, disjicn**oe with ex isting oath* and obligations of ohedicnre, Slid elevates another p^wer to supremo dominion, then nullification is revoliition- alrain tbe»e mnjiriti'*, while acting within Of’«.n».26ia«;r4i!e. rrimefiwi. I3al4; llieir conMitulMMial limits, by on external frfiof lo (pi^. 12a I3i ; HtwoTea,?? a'JOcta. power, whatever lie mny intend, asaerIs | nry. Or if that be revolutionary, the na- NoMhCamlioa money. IJ a par cent, dii- p„oci^i-a which, if adopted, can lead to i tural tendeni v and practical effect of which "oL^r“t^ru£^k rK.thuieel«o than the dc^Uuction of the u to hreak the Tnion into fragirmnts, to ^ Government lUelf. sever all connexion among the people >f the CAMDEN. APRIL m Dom not the gen»W*man perreive, «ir, r.i^live Slates, and to prostrate this Ccn- CMntry ^ * * *; ^ » how hia arifutnent agaiitft majorities might ; W hr*L do t ff7; Floor, eoontrr, 41 a 4J ; Ra- . . . i n ^ . 7 a l»; WhHkey. 34 a 40; 6rJdy, Apfk ^ retorted upon him? Does he not a 45; Peach. 4U a 63. aee how cogently he mi/ht be asked, wheth er It be thecliractei of nullification toprac- DKBATE tiae what It preaches? Look to S. Carollua oral Government in the dust, then nuihfica- tion is revolutionary. NullifiicBtion, sir. is a« distinctly revolu tionary a* secewtion; but I cannot say tliat ihc revolution which it seeks is one of so the Senate of the I’niied StaiM Ofi the bill fur. „ prenent nKMncnt. flaw far are the ! respectable a character. S-ceii«ion wo»ild, ther b. provide far the collrrtioa of dotie. on minorities there renpecled ? I ; it is Ime, abondon the constitution altogelh- 8ir, thoee who lliticalion, reject t great pnnciple ; that IS, thal the roafririly must govern on bv tlie al*>hite necoa^tv of the ca«-; o, me ; . m..H,ri.y, ......, umlertnke .f iK..n. i. p/ehending, in its numlien., men who have ; tty, a« to it!«.-lf. It would not un errake liT i “P®" It, there is no ,*„c-uited with him, aod with ut, in to reconcile olK^iehce to public auf.ionty, «hihl? of mainUimng amr (•ovemment ‘7'" " , u t. - . deapo,«n. We ISar IoimI and re- the* ImiIUi oI legislal..^ ZLnZ t«7L.»c.al.oo..gnin«whal I. called the.r cooniry at . . . i. I 1 ■ .L cd It abroaii; men who wouldch»’erlulfv lav ■jiritygartnmmt. !t is declared, with 11 aoru«», , h warmth, that a »Ki7«Tt/y forrrnptent with an asserted ri^ht of command over the (wme authoritv. it wnuld n«t lie in the (Jovemmont, aod aSove tho (loverniiient, down Iheir livea for their native state, in 1 at the sn.-ne lime. Hut, however more res- r anv cause which they could regard as the ' pect.ible a moile secession may be. it is n*t 'not be maintained in the I nUed . late*. ^ . pirn above fear; I niore truly r* voliiti»nary llian the actual b«t, llKHi, JlpiHkni.nwi.bl Do tli-v , |„«.o .|m.|iert piefl (•jrculi.m'of Ihc "f nnlliri™'™' «njd...™.pc,„,r™m,h.co.v,c.,«.i,., B-h. .»i -.1,, .h^ 10 ih. ..II «f .h- fr. • Thr honor. >1>' P"T”‘ "f. ‘ ?“ .T“ fro.. 8™.l..C.ro„n. h.. r w ihia minority, how are these men regar ded I 'I hcv are o«ithrall«d ami disfranchis- pnken of abwilule majoritie*. and majori- anthoritiei; Iwth, anl each, would sever the I'nion. and (•ubvert the (Jovernmenf. iMr. President, having detained the Sen ate .«r» lung already, I will now examine, at length, the ordinance and laws of South ('ar«Jinn. ’i'hese papers are well drawn for their piirjHw. Their atilhors under- whenever necessary, in dispossessing the custom-house otficers, and in seizing and holdingihegoods, without paying theduties. This is the second step in the pcaceable remedy. Sir, whatever pretences maybe set up to the contrary, this is the direct application of force, and of military force, it is un lawful in ilself, to replevy goods in the cus tody of the collectors. But this unlawful act is to be done, and it is to be done by power. Here is a plain interposition, by physical force, to resist the laws of the U- nion. The legal mode of collccting duties IK, to detain the goods till such duties arc l«id or sccured. But force comes, and over|K)wers the collector, and hisa!wistants, and takes away the goods, leaving the du ties unpaid. There cannot be a dearer case offorci’ile resiBtanee to law. And it is provided that the gools thus seized shall lie held against any attempt to retake them, by the !«me force which seized them. (laving thus dispossessed the officers of the (Jovernrnent of the goods, without pay ment of d-',ties, and seized and s‘cured them by the stron^ arm of tho State, only one thing more remained to be dune, and that 14, to cut off all possibility rrf legal redress; and that, loo, is accomplished, or thought to bo accomplish'd. 'I’he ordinance de clares, thnl aU judicial proccfdin^a, form- tied on the rtrertvc laws, (including, of course, proceedinir* in the courts ol the United Slates,) .thnll be nvll and void. 'I'his nullifies the judicial jwwer of the L’. (States. Then comes the tcst-onth act. ' This requires all State judges and jurors in {the State courts to swear that they will exe- j cute the ordinance, and all acts of the Legis lature passed in pursuance thereof. The or dinance declares, that no appeal shall be al lowed from the derision of the State courts to ll»e Supreme Court of the United States; and the replevin net makes it an indictable olieiice for any clerk to furnish a copy of the reconl, for tin? ptirpose of such appeal. The two principal provisions on which S. t'arolina relics, to resist llie laws of the r. Stat», and nullify the authority of this Goveminont, are, therefore, these : 1. A forcible seizure of goods, before the duties are p:iid or secured, by the power of the State, civil and military. 2. 'I'he taking away, by the inost effec tual means in her power, of all legal re- I dress in the courts of the U. States; the cunnning all judicial proceedings to her own Sinte tribuiiahi; and the compelling of her ju*!ges and jurors of these, her own courts, to fake an oath, befiirehand, that they will decide all cases according to the ordinance, and the acts fia>-sed under it; that IS that they will decide the cause one wav. They do not swear to try it on its own merits; they only swear lo decide it, as nullification requires [**t cuorurrenl; lan;ni»re wholly unknown ,i_,. our constitution, and to which it i. not finances a , f iw-on'ii.iihle' ..V t. .ffi. .4-.., A. hr .. I ■"? ,'7*'"" ... .. «el. ,b- H„.,r„.. 0^^,. •rhc, .r.™,l.l t 1 wiia«d ; they are pr.-cnUd and driwMiiice,!! a p*-areahle remedy, and we have be n mid h::;!? r. recr;anli to duty and ,«trK.tism, and I .hat Sou,h Carol.,m. arter all, intends iioth- for ID the Slat.-.. That is to *a.^ ^ j a „ " lew words, sir, which purges them, and the po^live mca-1 will show tho nnture of this ,y>acenble rem- . . Mures which einaniite from that spirit, are ' ody. and of the law suit which S. Carolina I Sr^ rha^ harJ.arKlproNcriptive bay ofwJ all precedent icontemplHtes. 7’ J . Wiihin my knowledge, except in periotls ufj In the fir^t plaee, theonlmance declares •: pn^;U!i r. v..lutu>nf I the law of Iasi July, and all other laws of It IS nt»l, sir, one would think, fi»r th-m* j the T. Stales, laying duties, to be nhsolnte- who apf>n>ve llmse pn>c.‘edings, to complain ly mill and void ; and makes it unlawful for the coirstituted authorities of tho I'. Slates to enforce the payment of such dnties. It IS, Iherrfore, sir, an indictable offence, at this moment, m S. Carolina, for any person to bo concerned in collecting revenue, un der the laws of the I’. Slates. It being deelan*d unlawful to collect these duties by what I* considered o finuiamental law of tho State, an indiclnient lies, of course, against r, stripping the matter of this novelty of iTiw, thiit the dissent of one or more 'il/ffs, as Slates, rentiers void lh«' decision ‘a msj'.rily of f'on^fre ijte IS concerned. Aim! uwiinp hut a short care«*r, like olher dog n% of the day, terrninatea in nullification If this vehement invective against major- „ , .es meaw no m.,re than that, m the con- « * p^Iulilnl^Tr't.uiar governments nictioo of government. It Ml wise to pro- * i... H^ksand balances, lhal there re«t ontwo principles, or fo aasumpt,o.is. ...W be various lin.ilation. on the power First, Tliat there « ao fa^r a comm.«. ( the mer,. majority, il w.xild only mean interest, among lb.««- over whom the Gov- ■hat Ihr Constitution of Ihe I'. S.'hosal- eminent extends, as that il may provide tor N lv ahundantiv provi.led. It is full of ‘he defence, protection, and ko,k1 govern- h rWL, ani balances In Us very or- «>«*«« ‘^e whole, without injustice or op- k anl hftlan^. in I s ry n„„,on i Mate, an iiMiicini« iu nv«, .-i cwursrr, r.nizalM.n, it adopts a br«d and m^t efllr- representatives of the anv ^;e coiK-eriK^d is siu h collection, and nl principle m restraint of the power ol on general principles, liable to be mnjorities. A maji.rily of the people Lrru.u»n. ainl ! i>onished bv fine an.l imprisonment. The unlawful “lo but every THivwifn/ w hde ^;e.pee. an •'.-1 ^wer. No law, nerrrore, ran pass without the assent of a * ^ovrnno . i 'I’hp ordinance theretore ~ j >rilv of the llepreNentalives of Ihe peo- admits these, ^ ''conceriK'd in the col- ^Ih' Siaioa .|«o'_ A maioritv of the Re- grf« " ' . , . ^ ^r--'nt:.,iveaof,he people must'concur, and bodies. Congress is not irres,H.nsible. Its This is the hrst step m the p^^ ‘ mninrilv of the Slates must com iir members arc agents of the people, elected , the |>eaceal)le rem^lj. Ihe second s net of ('ongress, awl the President by them, and liable t» I* displaceil or su-1 more decisive. Bv tiie act,commonl_v call- on a plan compounded of both rrcetled at their pleasure; and they jws- hrv prinripli^. ^ clnim to tlio conlKirnce ol the R'lt, having compo*«! one ll.njse of Re- p««ple. '»hiie they contimie to c^servo it, ’^'“'witnlives eho.-n by the pople in each »• “"V other public political agents. arcordinK to ils numbers, and the If, then, sir, the manifest intention of the fher „f an equal number of twinbers from convention, and the colemporary admission ‘yerv Siiie, whether larger or smaller, the of both Iriend* aml- fiies, prove any tlmig; ^ftisliiiilioii gives lo majorities in these if the plain text of the instrument itself, as Hrmses, thiisconstniited, tlie full ami entire well as the necessnr)’ implication from oth- ^wnr of passing laws, subject always to er provisions, prove any thing; it the early the ronstitntional restrictions, and to the legislation of C'ongress, the course of judi- "PPrnvid of the I*re«idont.—'I'o subject cial ilecisions, acquiescetl in by all the 'heni 10 any other power is clear iisurpa- Stales for forty years, prove any thing, tion. 'I’h*. iniijdriiy of one liouse may lie then it is provetl that ihero u a aupreme pntrollrd by the majority of the olher, and law, and a 5nal interpreter. *”*h may be restrained hy tho President’s i My fourth and last proposition, .Mr. Presi- ^g'Hive, Them are checks and balaneos | dent, was, that any attempt by a State to provided by the ('onstitution, existing in j abmgate or nullify acts ot Congrew, is a ^ Governmeut itself, and wiselv intended I u»urpation on the powers of tho General sue of this controversy ; thoM who hate free institutions, with malignant hope; thoe© who love them, with deep anxiety and abiv- enng fear. The cause, then, sir, the cause! Let the world know the cause, which has thus induced one State of the Union to bid de fiance to the power of the whole, and open ly to talk of secession. Sir, the world will scarcely believe that this whole controversy, and all the despe rate measures which its support requires, have no other foundation than a difllerence of opinion, upon a provision of the constitu tion, between a majority of the people of S. Carolina, on one side, and a vast roajonty of the whole people of the U. States, on th« other. It will not credit the fact, it will not admit the possibility, that, in an enligh tened age, in a free and pr>pular republic, under a Government where the people gov ern, as they must always govern, under such systems, by majorities, at a time of unprecedented happiness, without practical oppression, w ithout evils, such as may not only be prelendedv but felt and experienced; ovils, not slight or temporary, but deep, permanent, and intolerable ; a single State should rush into conflict with all the rest, attempt to put down the power of the Un ion by her own laws, and to support those laws by her military power, and thus break up and destroy the world’s last hope. And well the world may be incredulous. VVe who see and hear it, can ourselves hardly yet believe it. Even after all that had pre ceded it, this ordinance struck the country with amazement. It was incredible and inconceivable, that S. Carolina should thus plunge headlong into resistance of the law.*, on a matter of opinion, and on a question in which the preponderance of opinion, both of the present day and of all past time, was overwhelmingly against her. The or dinance declares that Congress has excee ded its just power, by laying duties on im ports, intended for the protection of manu factures. This is the opinion of South Ca rolina ; and m the strength of that opinion she nullifies the laws. Yet has the rest of the country no right to its opinions also? Is one State to sit sole arbitress? S!ie maintains that those laws are plain, deliber ate, and palpable violations of the constitn- tion , that she has a sovereign right to de cide this matter; and that, having so de cided, she is authorized to resist their exe cution, by her own sovereign power; nrjd she declares that she will resist it, thwigh such resistance should shatter the Union into atoms. Mr. President, 1 do not intend to discu^'i the propriety of these laws, at lar^; but I will ask, how are they shown to be thus plain, ly and palpably unconstitutional T Havo they no countenance, at all, in the constitu- tiot) itself? Are they quite new in the his- 'i'he character, mr, of lhe.se provisions, jtory of the Government? Are they a sud- defies comment. 'I'heir object is as plain as their means are extraordinary. They propose direct resistance, by the whole f»ow- er of the State, to laws of Congres-s, and cut i4r, by methods deemed adequate, any redn-ss by legal and judicial authority. Thev arrest legisi.ition, defy the executive, and banish Ihe Judicial power of this Gov ernment. They authorise and command acts to be done, and done by force, both of numbers and -f arms, which, if done and don«‘ by force, are clearly acts oC rebellion and treainon. Such, sir, are the laws of S. Carolina; such, sir, is the peaceable remedy of nul- lification. Has not nullification reached. den and violent usurpation on the rights of the States? Sir, what will the civilized world say, what will posterity say, when they learn that similar laws have e*i.«tcd from the very foundation of the Grovern- nrent; that for thirty years the power was never questioned ; and that no Slate in Ihe Union has more freely and unequivocally admitted il than South Carolina herself? To lay and collect duties and impoets. is an rrprrss poirer, granted by the constitu tion to C'ongress. It is, also, an txcluairc potter; for the constitution as expressly prohibits all the Slates from exercising it themselves. 'I'his express and exclusive power is unlimited in the terms of the grant. sir. even thus early, that point of direct j ,g attended with two specific restric ed Ihe n-plevin law, any person, whosi' gK>ds are seized or .ielained by the collect or for the pn^ment of duties, may sue out a writ of replevin, and, by virUie of th it writ, the go«Is an' to be restored to him. A writ of replevin, is a writ which the sherifl'is bound to execute, ami for the ex ecution of which, he is biiund to employ force, if necessary. He may call out the and must do’so, if resistance be made. This po»st mny be armed or unarmed. It may come forth with military array, and under the lead of military men. Whatever number of troops may be assembled in Charleston, they may be sumnwned, with the Governor, or rommander-in-chief, at their h«*ad, to come in aid of Ihe sherilF. It is evident, then, sir, that the whole mili- tarv power of tho State is to be employed, and forcible resistance to law, to which I intimated, three years ago. it plainly tended ? And now, .Mr* President, what is the reason for pssing laws like these? hat are the oppressions experienced, under the \ I'nion. calling for measures which thus Ithi'aten to sever and destroy it? N\ hai 1 invasions of public liberty, what ruin to I private happines.s, what long list of rights violated, or w rongs unredn-ssed, is to jus tify to the country, to posterity, anil to the I world this assult ii}K>n the free constitution I of the U. States, this great and gUirious I work of our fathers ? At this very moment, jsir, Ihe whole land smiles in pence, and re joices in plenty. A general and high proa- i pcrity pruvades the country; and, judging ' by liie common standard, by increase of fKipulation and wealth; or, judging by the opinions of that portion of her people not enibarkrd in those dangerous end desperate measures, this prosperity overspreads South Carolina herself. Thus, happy at home, our country, at the same time, holds high the character of her iiislitutions, her power, hor rapid growth, and lier future destiny, in the eyes of all liiri'ign Slates. One danger, only, creates hesitation; one doubt only exists, to darken the otherwise unclouded brighlness of thal ii>|>ect, which she exhibits lo the view, and to the admiration, of the world. Need 1 >ay, that that doubt resfiects the perma nency of our Union ; and need 1 say, thal that doubt is now caused, more than by any •liing else, by these very proceedings of S. Carolina ? Sir, all Eumpe is, at this mo ment, beholding us, and looking for the is* tiiMis ; first, that ell duties and imposts shall be equal in all the States ; second, that no duties shall be laid on exports. The power, then, being granted, and being attended with thes‘ two restrictions, and no more, who is to imp»)se a third restriction on the general words of the grant? If the power to lav duties, as known among all other na tions', and os known in all our history, and as it was perfectly understood when Ihe constitution was adopted, includes a right of discriminating, while exercising the pow er, and of laying some duties heavier, and some lighter, for the sake of encouraging our own domestic products, what authority IS there for giving to the words used in the constiluiion a new, narrow, and unusual meaning ? All the limitations w hich the constitution intended, it has expressed; and what it has left unrestricted, is as much a j>art of its will, as the restraints which it has imposed. But these laws, it if wiid, are nnconstitutioDal on account of the mo/ire. How, sir. can a law bo examined on anv such frround T How is the mo- to t»e ascerUiincd ? One House, or mem ber, may have one motive; (he other Hou#t\ or nother uu'iiiber, another. One motive may opc. rate to-duy, and another to-iiw>rrow. Ipw any such nicxic of rcasoninj; a** this, one law might w unconstitulional now, and am>ther law, in exactly tht' same w ords, perfectly constitutional neit year. Hcsiiic^ articli'a may not only taxed, foi the l»urpo!»e ol' protectinu home producta, but other ar ticles n.ay tn' Icrt tree, tbr the same purpose, and with the i*amo motive. A law, therefore, woUd ht'come uiicnnirtitut*onal from wlial il omitted, as well »■ what i' coniaincrf. Mr. Pr aiden , il ia a •l Uli-d |irincipU'. acKowlcdtcd in ail It^is itiv* halls, recogniictl betbrc all tribunals, aaiicuoDed bv tiie jfcncral ftnae and^uiidcrstauuiDg of man-

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