North Carolina Newspapers

ItM r! - - .. i 'v : :t :i "- 5,' mi -I; 11 t I" Jin T!i oniWA I WiTCUJf ax. "Is, published f week at ffltrce Dollar p?r yearin advance. 1cfcthetM!miirBJ Canticamore. than H 111 ?cae3 where the account is over one year stan- at: AdvcrtiMna wUTbc ne a the usul rates. t.flv fWntiori will I withdrawn ifffvi ate paid, umcs3 me ivw w-. . ?!-U ;?Jiki imrmT the wholtl ..S'.im III ad- il!l?-at tor on, Jd tfara Kffuferly.will he continu- i f id at the sajnei fated afterwards. . fi i AU lettm ta the Editor fnust-be Post paid or iiipy Atill riot bsndodto:---y-"1 i , . -1 J :4 Arsons adds$Ui theEditar orl Uic-busms 1 1 If the Office, will addfesi dm as Editor , of the iCarolins TratchihdnTioe that write on oth ITisiriesgi Candirect toIlJG. Jonos. 1 1?NBMiiie npts fckf ft boCrcihe I Lcfeti:becBme1iiac on the publicatiuo of the first t TIIE WATIIHIA X PRIiSIDKNT'S ON 80UTJ f -CAftOUN A AFFAIRS. ; Ori W'edociday last, the Vremdont transmit ted to berth ileuses of Congress, tlm following sMGtntlwextf fa Senate ) , iy diid House of luprescnlativet: i lla myaouil w683' at the j commencement 6iu?Titnrielaw in a particular quarter! lof the United States which threatened, n6qws. tipweyer, tnai snouia j wte w fiaerely to thwart ihei exeriutionk but to endan4l:f?i ie3( f?resent;an airern3",c.. . ffferihe integrity. of ;thj Union. And, altHouglilJipfneral Goerriment, of itself, can by nopossi 4. ii. thi. . KafrbiHtv t?rant: since, bv an K express provision ol United btates and the patriotism j of the people, j Illta&ttfjthoUld the eraergtincy i arise, ren4: derinst the ! execution of Vhe existing laws un- I irpracticabJerfrotn any cause whatever, prompt l . -.. l i" t; J . r -l j : notice snouia no inven io juonzress, wun - jiue; with 8gwrif jsiiich vievys and measures as might; Iheneeessary .W'teetiri'..- - I : ; i ;j . .j tirents' which have 'occurred jm the quarter there : allbded to,1 or which have come to 1 my Imowledge subiequcntly present this emergen flit ffhe Mcssajtejquotes largely from tho Suth; i Carolina Ordinuice, arid the acts passed in pursu ances thereof. - bur readers are ialready acquam ifted .'ivith hctr rovisioos, we .oinit this part of ; of thenessage,so as li Lisrtall tjic remainder. Id1 ilprtoriiltted.tht; President ad Verts to theexJ . Moiiiion wai nia rrociwnouon iwuuia uave in i duecd South Carolina to retrace her steps; u , the m;)pointeientof thatexpectaiiori; to the military . iilbrSaauon going on ia South Carolina, and the, 1 fitiUty of any expectation that he will repeal j j'hor:tmUaanpei' the open defianjee. by the Gov- "fferaot m his proclamation, of the authorily of the J!Excdtivri bt the Union: "thus presenting her-j Heblf in thf attitude of ! hosuie prepuration, anJjj ) :f!tay' even for military viojencejj il" need be, tolj ! eniorce ner laws tar j preventing tue coii?ciion oi: tie4uties Within her limits. 'fl riat, wiuie-thoj rnverriineat is disposed to remove ail! iust cause uf ,coinplaintJas 'jja as praticable, cifnsisieutly ' witli: iptopRrlrgaidi to the intere$t3 of thecoramunityj at iargeU is nevertheless determiried that thel sarremacvioi ino laws snail ue maintained. ; Particularjlnstructions totlie re vrinuej; officers iaMhp known opinions and interst3ofihi itn Caitna wero issued on! the! Gth js'uvl dj of the Aican.peoplei as to be al i)istipicatecl on ithe'j prolossians of i the auvo-fl-Mjsof. attaintant. The majority of tojhated on jthe'j profOssions. jof i the advo of Nriltification, that if was piadfic in itsl catts Tho State of I things lias; since been- ithanged, howc teri by tlie measures ifS. C.usU Message then roes on,! 1 14-- if tiiesa imoasnrhs cannot hn tlpfeated ind over! , Auracby - thb pdwpri conferred by tho ConstitU' anon oa lam r uuciat Utjv eminent, uie voiusiuu- ;tion oust be iconsidered as incompetent to its T - uio taws is at libertios of the pit- ectivih from"ithe fsrnrociltbfitiiel Unions TheVinot onlv:''abil sete the acts ci Ayonrr'3s, coinraonly caUed if lliaiTiff rict4 of .andjld3, brit they pros w.upauu sweep away, a once, ana t wunout ex ? i ' :-L 1 . .... 1 ' tion, every aci,: anu every pari, oi every act. iampiisinw! any, i amount- whatedr, iof dutv, ob i ewn oeienca ; ne supremacy oi. fl Iri eiid; and j the rights andi ;Eanan SOhloncrer receive nrut fany rcign jecrciian'ise, and, virtually.- every UM rurij t i i i " liSi.thM ereribeei i passed, a uthor-j; "the period hich cxistituiethedue timo in Hnj ticblttiori of the 1 revnucV indudingj! -which the terms proposed in the address'- are to Pb(?actllCj and also the collection l iws of ; ! be acceptetl, wpald seem to present scarcely less p.79? -tnc'jtitritimalUy''(if ..whfchias never, difficulty than tihe terms thcniselves. though fritioticd4 It & nooniy! ihose duties' thb revenue laits are already leelared tobe void lhleji arf chafed to liavbeen imposed for the uin South Carolina, as wel I: asMilie bonds taken .ifet(6ctiDi''ilf fmaririfactures-jihat' arie there re-launder them, aha the judicial proceedinors tor car- jfaled.'httt.all lathers; though lriidjior the pur j trying them into effect, yetas trie full action and I .p6ri;rif tabV nitirelir, and -apn. articles in no;;bpeatiori of thblOrdiuance are to be suspended j ipeiisjxf tpd of. being nbjerits pf, protection! nnoTthe 1st ofFebruary, ithb interval rriay be PjPiwlibif ot tfie fJuitdStateajiassorned as thetime. within which it isbipected laticth Carolina is obstructed nd overthrown iOhat'tiie most complicate pcrtiun of the riational a)h( jUroverniieot U absolutely prbiuqited from! rHl(Sctbirari V- part of tiic paoiis revioau wahi n i 'MieiiiiiS.jfi that lstate.' Henceforth,"'' not only j:iieiilze;4f Sril. parbilria and of the Unitec ; itatU,but Khi bjlcf. foreign States, may! Import ar;dec t $ tuerchair - ; : siib iuia the ! ports if South . Carolina ' ithou t t( jjbmfintibf nt duty Jtvltatovcf.) That State- is Ip&Us f cUes.fiorii .'nayirieuV 4. any narf - of ;;iibfibbajcrij anfuties arid imposts rire Bftt oniy rcuaerea ;ioi snm j througitout. the 'Viuted Staies.but C'trcct and ruirfous prrRrencie Iri' the port of that Stiitwlover those of JJttiL'z .t. ?J.: '.u 1 writ r . . lu v.cf iP.r o ao viog,is manucst.-vi-blaliju eHhe positive provisions of I the c&asutu I :' .Q;poipti of df nttoriy alsoi those aggressions; -ispqaj iuuwrttyvn; vgn, iuch, by tm lOmmicee. . are roads part off ther fandamenMl I tla; irf-Mrtwa 'Cixblina ! are absolute; mdefmite : nd vtji.'aiitMlbri' Thejrijth.pBwrib , tho. trtu when thtf jsnaitceosei nor indicate liny icondiotjj import which those vrbo haya jfofc ;nld3Ttacri to irrerit ih operation! bf -the Uwti : art to retrace their steps. & rescind their measures; ! IHCiiey offer io thoUnitod States mo alfernatiya 1 1 btilfuicorittirual submission . If the scope of tbjri ViainancQis to.oe roceivcd; as thS scale otcttW a mpcal of the whole sy$iem of revctiu laws;' ana, py i aosiainingirom. xnecouecucsa -ei any Maties' ajfld; tMpostT f whateii;r - .. ;y ?r f- It i9troelhar Iri thelatfdreliff to tlieeole of the ! Uriited States. ' by -the - Corivenjion ; of Sith Carolina, afterranrioancinff .thel fxsed and ' final determination of t!: State," iri relation io the protimg-ystemiey; say,4 thit it re iriaiiis tst us' sto submit ri plan iA taxauon inr which welV0nlibe ,iinptd icfjuiesctn a liberal spirit of cices$ioo," provided we are met in uuu Hint; am u ututtuii vpiiik mo States interested in manufactiitc5.': la th opin ion of the 'Cori vert titifr, anf eitrabler' ptanwooId je,- tht "fhe whole J listjofl protected article Should beimpgjlcd tree oral! duty, and that the revenue: (ro import" duties i)uld; bo raised ex clusively from tne unprotected ajrticlekj thai whenever al jdqty is imposed riporf the 'pntected articles i tipjarted, an excise dulr of the same rate shall be imposed upon all Isimilar aitibles1! man iifactured iif fhe United Stales." n The: address hroceed$ to s&tehbwevertit"they lar will ldg tomae a large offering to?preenthe tin ion, and yUh a ikinci declaratibti that as concession ori pur part,- we will cons:ent ,fliat the same rate of duty my be imposed upprfillie protected ar ticles that shall be imposed upon the unprotected, pbvided that ho mors reveltie be; raised fhan is nbcessary t hieet the dccinds of Government forconstltukiorial purposes and providecj also, that a duty! substantially ; uniform lie .imposed njn all foreign imports.i j !! j J 1 1 ft fsi also; true, that in his Message to tie Le gislature, wien urging the necessity of providing rmearis of I souring their; aty by ample re sources for frepjRlling force bjTi force," the Gov ernor of $outh ; Carolina fobserved iha- he 'cannot but. think, that ort'a'calm and dispas sionate review jby Congires! rind the functiona- ries of the Ocnral G ivernment, of the true mer- I its of this controversy, the arbitration byi a call ! natural riht, when their happineis can be othef of a Converitioriof ail the Stritcs, which we sin- wise secured, and when they cast do so vwithout cereiy ana ipxiousjy secic ana desire, wuiDe ac .c4rded toua?j ' ' . ! f; . " ! ; JFfckn' thq diversity of the terms indicated in these two important documents, taken In con iiexiori withrthb Drorress lof recrint events in ., iliat onarter there is too irinch reason to appre- tentioaa.of tliosii public functionaries, thaTneitber j I i - . a " - a : J J IT a 1 wich liaa. (edito the prevt excess. It .is ob- Conven- ng aroehdments, the Leru!atures of tvf o thirdsf ithe States.''! iind is not perceived that the terms presented in lie address are more practiatble than those referred to in the mege,, lit will not escape attention; that the condition.? on which, iias' $aid, in the Address of the Con vention, they fi would be' willing to acquiesce," from no part' oft the Ordinance. While I this Or dihance beais all the solemnity of a fundamen tal law, is to bri authoritatir japoh all; within thh limits of South Carolina and is absolute and Unconditional in its term, liia Address conveys onlf the sentiments of the Convention in no binding or praotiealfbrm. ' Oirie is. the abt of the State, the other only the expDrtsatan.of the opin 4o4st)f the mbrobers of the CifriventiohV i To Inn it itheeffect if itliateolemn abby any terms or Tohditiotas w latever, t!iey bfi?d Have been em tnd made of imrfort.hq. Irsslauthori bxiied in i.t, and made of ini tative than actmnts of ihef'act itself. I)y the positive en his Ordinance; the execution of the lalvsof the tJnfon is ahsolfitlly prohibited, and ine.vaqiess oisra no oitierpnwpeci t)i tuerr oe ing again restored, even Ithe modified form proposed, thin . what depends ppon the improbable. - eismngcncyiinai, am:u cnanging events ana in creasing excjiehieut, the sentiments of ithb pire- eeht raeiubera pf the Convention, and oi their s.ubcessors,! i remain thef'sme.' ' f lit U to be regretted, howrivjeV, that theie kmdi tions even i they had been (Iffered in tlieame bidiag fonn arc so undefinetj, depend un so many contingencies, are so uirectiy opposed to the known opinions and interest3of.the ffrcat bo- most hope- j ss ot. attainment. I he majority of the States and of tho pqopje will certal.sjy not consent that the protecUngyduties shall bejlwhollv abrogated, never to bo rfnenacted at anylfuture fcimo rrin a- uyi pobsiuiccuntimgency. jvajiuie practicable is It o provide that the saisyateiif duty! shall )m Imposed: upjji the protectectarticles thathall be imposed upon the unprotected whiefimore- over, would Ihj severely oppressive to thof poor, land, in time of war, would add gfeatly tol its ri- I irnhi. 1 And. thiotiorh dipre m Ka hn nhinn in ?f the prir.ciple properly understood J that rid more revenue shall !bo raised thanf! is necessary ibr .... k.i r . -1 1 .Lij-i:.- 1 : . r J'uul,uouai purposes, oi iiuo. government, which principle has been already, recomiriended bythp Exbcutjye as the true foaiis of taxation, Vet iti 13 very certain that South Carolina alone can.no oepernutica to aeCiueTwnat tnoseconsti- J legislation, a system of long standing and affect- inggreat interests m mc community, is xo De re- scirided and abolished. If this be lenuired, it is clear that a compliance i& tmposlible. - -1 n tne uncertainty, then, which exists as to the duration of the ordinance, aud ?of the enactments for enforcing itl it oecomes imperiously (lie duty bf the Executive of tho United States actin? with a proper regard to all the great Interests committed to his care,' to treat those acts as ab solute and unlimited. They are so, as far as his aafney is concerned . He cannot either embrace. br feadUto the performance of, "the conditions. lid, has already, discharged the. only pat in his rjower, oy tne irecommenaauonsjin ma annual messairc, r xne rest is wttn j ijonzrcssjand tne pebble. f" And,:until they. have acted, h duty will require him to look to the existing slate of things, and act unuer mem according tq nis nign nwiMtions; - ' r i bf , lij these various proceedings, therefore, the State bf South Carolina has forced . thri s General Griveinmfint tmavuulablr to. decide the new and 4ahgernus atefnatiye'of permitting a State to oIk siruct tne execuiuw ot tne laws wttnin in iiimis, ii!Neing it attempt to execute a tarjeat. ot with drawing front the Union,, flnat portion of the dcidtm b ai Dreseai exKrcisiiCT iae auinomv oi uie State, icmnlywecrt thjeirjh,t to; hr either i iiqn' for the ' purpose of proposi onlr on the ario ligation of I arid as snftil jhhotitK thef etorraiaatiHi to dJneot-tbe other. 4 -UHf Ij'liU v tri mjr opinion both pfrrpefecs are to be rrgifdcd as revolutionary in their character arid temiency, and 'sobrersire of the Bonreindcttbf the law$ ind of the iritcffritrtif the4LTniori. f'The - resaH' of cacn is inesamei-Biacs m Duw,aa wicjaf rJf treurpation of power, the consiitalionai authority rTht norlit nT th prmlA nf i aRjnrk! State to absolve' themselves at will, and without the cm-: seni oi we omer oiaies", irora jineir mosv soteiup obligations, and hazard; the liberties Jand happt-! nes of the millions corriposiog this Union, anj-. not be acknowledged. Such authority is bclieveu ; to beotterly jrepoffnan4 bpta tri the principles upon which the Genereral Uoverrimentiis Ixafc stituted, and to the objects which it was express ly farmed to attain, i -j jj'ifiJi tJH Aain, all acts Trliich tna be alleged to Usu; scena the coristitutidnaFpowex fT- Govermrient, or which may be inconvenient oi;l oWe$slv tri their operation,'' the ' tdnstittn iottjtseul has!' jwr scribed the modes of redress It is the acknowj; : edged att ribnte of free inHtitotions, 1 that .'under, them, the empire of reason asjd laws is subrititii I ted for the power of the sword; To no other sou rce can appeals for supposed, wrongs be madi. consistently with the obhatijmji -of South .Car olina ; to no other can such appeals be made with safety at any time ; and to their jdecisions, whejn constitutional pronounced, ji becomes : thel duty no less of the public authorities than of the pec pie, in every case, to yield a! ? patriotic Jsribmiri sion. . i '. - HS ! H :,; I !H That a State, or any other great portion of I0 people, sunenng unaer. long ana tinwier pression, and having tried aU foostttutiorial rem: edies' without the hope of redress, .may i ,havea greater injury to others, to absolve the from their obligation to the Govermrient, : arid appeal to to tne last resort, neea not, on tne p: 1 he existence of this nsrntJ however dpnd upon the causes which may justify ; fta psethat the proper appeals jto all other raeaaS the Mate, but of the individual, and of all the individuals in the State. It is the; rignt of man kind, generally, to secure, bj all nieans in thejr power, the hiesings of liberty rind ' appines ; but when, tor these purposes, any .body ot men Jiave voluntarily associated thenisefves under I a i particular form of government npj portion of them can dissolve the association wth6utacknowldi ing the co-relative right in tlie Remainder to dpt cide whether that dissolution jcari bo permittcH, consistently with the general; i hdppiness. l rt this view, itisa nght dependent, upjib the powj er to enforce it. Such a rigitj;jthriS it mly rbe av'mttted to pre-exist, and eannctt be wholly surrenat. o, wx-i uuj3UMy. v tuuu, . ' . i -!', ';.! tions in ail .rc governments, anq in: an iree r wrhmftnu.'ann in compacts oft all kinds, fret and voluntarily entered into; fanny in whun the interest and we!r'e of ihb individual b comrs identified with thos of jthe communiiy of which he is a member. In jeeripacts between individsnla) however deeply j tHe: may aftept their relations, these principle! aire 1a6tnoftf 6d-j ed to create a sabred obligation!; ahd, in ! cbm pacts of civil government, involving the Un ties tnd happiness of millions! of mahkind, ithb obligation cannot be lesi. j i I ' i J - J i Without adverting to the particular theories to which the federal eoaipact has given risb-p both as 10 its- formation and the parties to it and without inquiring whether it be raerejy federal, or social, or national, (t is9 sufficicni that it must be admitted to be a compact, and to pos sess the obligations incident tri alcoriipact to pe a compact by wlixh pfwer 14 created on the one hand, and obedience exacted on; the othiei a compact freely, voluntarily, am) solemnly ep tercd into by the several Stated ; and ratified j Hy. the people thereof respectively j! a compact! y whicli the several States, and! the people thereof respectively, have bound themselves ! to each other and to the fodcfal gojarnmenti: andil &y which tKe federal government is bound to tie several States, and to every citizen of the United States, To this compact, in whatever; mode fit may have been done, the people of Sr.uth Car olina have freely and voluntarily irivert their ;asi sent; and to thewholri and every! part of it .they are, upon every principle! of good faith, in- violably bound. Under i; s obligatioriUhey are bound, and should be required, jto cuntnbut their p)rtion of the public expense, and to 6ubmittoili laws ma Je by the common itonentrin pursuance of tlie Cons' iiutioii, for tlio iomriion defence arid general welfare1 until they can be chiured :n the mode which the &xupa?t the attainment of those: great verh'ment and of the Union. has i nrdvldrd for nds of the Go4 it . i ? i .i 1 causes Which wouldust'fy revolutionary remedy Oining less Ulan can absolve the pc p:e from thip ;.ibbl:gation j "and fr nothing less can thHGoveriiiiiejit permit it .tij bo done without violating its ovfnobligaUon t by which, under tho cotupact, iti is bound to tjie other States, and to evpry citizen of tne United btates These deductions plainly flow from the na-. ture of thefederal com pad, which is one of di raitations, not only upon the f jxJwers brigtnaly pDssessed by tho parties thereta but also upon those conferred on the I Goverrirrierit ! rind evejry department thereof. It w'ill bri .freely conceded. that by the principles ofour system all power is resico in. me peopie, out to do exerw-eu in ine mode, and subject to the checks, which the people . themselves .have preacvibrtl. k, j These checks are; undoubtedly only different .modifi cations of the same great pnpalar brinciple which lies at ute iounaaunaot.uie wqoie, out are npta on that account, to be regarded or less , obligato- Upon the power of Consrrcst. the- rem of thu Executive, and the authority : of j the Judiciahr wnicn is -io exienu io an cases in law ana equi ty arising under the Constitution and Jaws bf tbe United States, made it pursuance thereof," are the obvious checks; and the i sound : action 1 of sublin otHDion, with the ultimate power iof a menuiueui, aio iae saiuiary apauuiy limitations upon the power? of the! whole. It k However it may be alleged thlt a : riolatiott of the mpact by t,he measures! of the Govern ment can affect the obligations of the parties, it cannot even be pretended that srieh violation can be predicated of those! measures i until all the -constitutional jt remedies shall ilhare been f ally uieu. ii'-uiB reuerai government r exemse powers not warranted by ? the Constitution, and immediately affecting individuaUJif will scai ly be denied that the proper jremedy isa'ro course to the Judiciary. Such lrindoubtdly?is reiuraiy un uioso who ueem he acts of Con I gtess hying- duties on import$ ami : tiruvidmT w wunmui, iv ue uijcnnsuiauoaai. j.ne whole bpention of faph laws bviipuu the iridt yiduajs impprtinj theiidiandise:a Statitis rbsqlutely prohibited from lajirig Jmposta oTdo ties im iaapdrts or exports without he " coriseutof Congress, and caririot f becorne a party under those laws witiwrit importing; : in her own name, or wrongfully fintefposir!: tef f authority r ainst bera. Ilthttsmterwtsirig; however; she can not rightfully obstruct the operation of the laws upon individual Ftiieir iJijobedience .to, or violation o ? the j laws, the "ordinarv remedies wiiuujru wio juaiciai unaanaisi would remains And, in a case where an, JnJi vidual : should be PM:tefyriffwx nstitho-Iaws, he could nc4 set up in justification of hia act. a law I of a State, which, beirig Uncoristiiotional, miuld! law of a Stite crinrioi authorh? the 'camrriBssion of a crime against thelUnited States, or anr other act waicn, accoruiog o tne supreme law' ot tne- a euually er;hat if" thrb fco;ariy- case in uiwu, uuui uc uuierwjB? uniawiui. : Ann .u wmcn a ptatc, as sccb, is aSected by the law beyond the scope of jqdicial power, the remedy consists in appeals to! the people, either to effect a change in the : representation, or to procure feUef by aaj amendment 'of the Constitution; But the measures of i the Government are to be recognized as valid, jand consequently ' snpreme, ,uuiu mese remeaies niu nave oeen enecraauy tried; and any attempt to subvert those meas ares,or to render the laws subordinate to State authority, arid afterwards to resort to constitution al redress, is worse than evasive.! It would not be a proper resistance to "a Government of tin amUtd powtt$&, has been sometimes pre-teitded--but unlawful opposition to the very-limitations on which the harmonious action of the Government and all Its parts absolutely depends. South Carolina has I appealed ;to1 none ot these rBmediesbut, in effort, has defied them all. While threatening t separate from the Union, if any attempt be mride to ! enfiree the revenue laws otherwise than; through the ctvil tribunals oTthe country, she has not only; not appealed in Jier own nairie to those tribunals Which the Can- vwumuu piuviutju iot ait cases in taw or e- aruung under the Constitution and laws of jtrato their proper action on het citizens by draw- oraizancB o cases under tne revenue laws to her own tribpnals, specially prepared and fitted for the purpose of enforcing the acts passed by the State to oostruct those laws, and both Judges arid Jurors of which Will be bound, by tho irnport of oaths previously taken, to treat the Constitution aud laws of the United States in this respect as a nullity. ' Nor has the State made the prbperj appeal to public opinion and to me remeay ot ameadrnent. J? or. without wai ting to learn whether the other States will con sent to a convention or if they! do, will construe or amend the Constitution to suit her views, she has. of her own authority, altered the import of that instrument, rind given inimediate effect to thechan . e. Inf fine, she has iset her own will and authority above the laws, I has made herself arbiter.in her own case, and has passed at once over an mwnpediate step to measures of avow ed resistance, which, unless they be submitted to, can be enforced finly by the sword , , ! In deciding' upon the course f which a high sense of the duty tri all the people of the United States impose s upon the authorities of the Union in this' emergency, ) t cannot be Overlooked that there is no sufficient cause for- the acts of South Carolina or for her thus placing in jeopardy the happiness of so many mil lio?is of people. M isrule and oppression, to jvarant the disruption of the free institutions of he Unions should be great fc lasting, defying all other remedy. For causes of minor character t he Goveniment could not submit li such a catastrophe, without a violation of its most sacred obligations to the other States of the the Union, who have submitted their destiny to its hands. 1 - j I , j There is, in the present instance, no - such cause, either in the' degree of misrule or oppres sion complained of,or in the hopelessness of re dress by constitutional means! The long sanc tion they' have rocci ved from the proper authori ties and from the people, not less than the un exampled growth apd increasing prosperity of so many millions of freemen, attest that no such op pression as would justify o even palliate such a resort, can be justly imputed either io the present policy or past measures of tho f Federal Govern ment. The same mode of collecting duties, and for. the same general objects, which began with the foundation of: the Government, and which laa conducted the country through its subsequent ' steps to its present enviable condition of happiness and renown, has i not boeu changred. Taxation and representatiori-r-the great principles of the American tcyolqton have continually gone hand iui hand; and at all tiriies, and in every in stance, no tax of any kind has been .imposed without their pa rtipapat ionand in some instan- res. which have been complained of, with the I eipress assent of apart of the representatives of I c:j..Iu riV.i:. :.t. ,'ri.-n -L. I oouh vIuuua w uicuvTemuienk Up to the presentj period no revenue has been raised beyond tiie ripcessary wants of the country and the authorized 'expenditures of the Govern meit. And as sjon as the burtlien of the public debt is removed, those charged with the admin istration have pr friptly recommended a corres ponding reiuct;c-naf rcreaue. l ( That this system,, thus, pursued; has resulted in no such oppression upon South: Caralina, needs no other pt oof than the solemn., and official de claration 'f the late chief magistrate of that 1 state, in his idresl to the Legwlatnre. Id that he says, that ;Hhb occurrences pf 'the past 'year, in Connection ; with itnr domestic concerns, are to be reviewed with sentiments of fervent gratitnde to tne great disposer of. human events .that, tri butes of grateful acknowledgements are due fur the various and multiplied blessings he has been pleased to bestow jpjh bur people; that 'abundant harvests iri ejrery "bnriof the states hare crowned the exertions of aiculturat hbor; that health, air most beyond former precodent; has blessed our homes; and that there is no les3 reason for thank fulness! in survey jujg our social condition." It would indeed be difficult to . imagine oppression where, in the social condition of a people, there -was equal cause ofrthikfulness, as for abundant harvests, arid varied and v multiplied blessings with which a kind prrTidence has favored them. Independently bf these corislderations it' will not scape observation, that South Carolina still cia'ms to be a cotriponent part of the Union-to ' -Ll' " .1.1 . t . ft- TJ "'a I participate ia me nauonat councils, an ,unwb in the public bouelts without coritribnting to the public nriruensr--4hus asserting the dangerous anomaly of cbntinuinsf in an; association without acknowledging any other Obligation to its laws than; tjiut depend .ujpoo her pv will Iri this posture f. affairs, the doty bf the gov ernment seems to bs plain. It inculcates "S re cognitkn of that, atate as a member of the Un V, arid subject to its authority; a vindication of thejust powerof jthe constitution; the preserra tioa i ot;the inlegritycf thtJlinion; and the - i . i i. : : . a '..'' -'s fXccutioqT)f inpAna;' ; "30 .the' laws-' by - all rcftstitotbnal f -pCdnstaQfionl hlc ?hatli offofBc oUigejhim toiwppixtideclafcithat the iExccu fivei fsnH Ufa ear that: the Lnt$ Uiaithfhfitf tseuitd;Zy uid ia proyidin;, that be. shall from lima to time ktTp9riressviioninVton.i of the state of i,Uie Unioh irid recommend to! their cori SMlratijri'8uch measu rcsas he Ihall judge ne cessaryjand expedient?: imposes the; additionil obligatkaT of vreesrayoZyuIing tott: Coogres3" sach taord rcfifcrtnt'rovisioalbrjfr executing 'the laws, as may fosi xieyi.tiao be foarid i re- 'Pi - - . - - ; ! rm -r 4The,sameinWament confes$on Congress the morormit rtimTJ tA lVn'J jUt t .fntiM triiporitsand esftanaVAhir'deats andpro- vide for the common defence arid irerieral ' wel frei bmf to-maUo illlaws wlifth: sfall bri f ne cfissary. arid rbpcV: ttr. 'v&nyhvg-into effect the foregoing ppwets. : andall pther : imwerV-vested bjiiheixanstiWlion,, inj tUo rglveruuajfnt rif the United . States or in any depaxtmerit or j bfSce thereof, and also;to puvide fur calling forth the In all cases siriular to lhe present, "the .duties rif the government bocomri the rhHsure of, its; W-1 era ; ; and whenever it fails to exercise' a Dower I necessary and proper U tbe disbhargo of the duty presented by. the Constrtutbn it violates tho public trusts not. less than it would in transcend- to pwper ;liraits.tTo refra, iherefbreV from .tieJ?,f hnd eoleran duties thos enjoined, howe- er pamiui mo performance may ne, and tnerepy 1 tacitly permit the rightful authority of the eov- I ernment to beooritemned.and ju Uws obstruct-1 u j a nsiB sw.e, wouia neimer compun wttn its own safety, aor the rights bf the great body of the American people. - :! 1 j It being thus shewn to be the duty of the Exe- entire to execute the laws by f all eonstitutional meansitjeraains to consider the extent of these already at his disposal; and what it may be pro- pr further to provide ! rt i : I' 1 In the instructions -of th Sccretarr of the Treasury to the collectors inj South Carolina, the provisions and regulations made br the act of 799, and alto 1 the fines, penalties and br- feitures for their enforcement, sro particularly as- tailed and explained It ma be well spprs- bended, V however, that these prnvisioos may prove inadequate to meet sach an open, power ) ful, organized oppositiba as is to be commenced after the Istif February next. . I Subsequently to the date of these! instructions arid to the passage of the ordinance,, information has been received from sources entitled to be re lied on, that owing to the popular excitement in the execution of the revenue Uws s suffi cient number, of persons in whom confidence be used when an attempt is made to remove ves- sels and their cargoes from! the custody of the officers of the customs, and, indeed that u woriW be impracticable for the collector, with the aid 1 of any number of inspectors whom he may 'be antnonzed to employ, to preserve tne custody a gainst such an attempt. I I The removal of the enstom house from Chkr- . .... - . : leston to Castle Pinckney, wa3 deemed a roeas - uye of necessary precaution and though the authority to eive that direction is not, questioned, it is i nevertheless apparent) that a similar pre- caution cannot be observed in regard to the ports of Georgetown and Beaufort, each of which, tin- der the present laws, remains a port of entry, j and exposed to the obstructions meditated Sin that quarter . t 'rt- X 1 ' In considering the, best means of avoidjng ior of preventing the apprehended obstruction to the collection of the revenue, and the consequences wliich may ensue it would appear to be proper and necessary to enable the officer of the cos- torns to preserve the custody of vessels and their cargoes, wmcn oy tne exisung laws tney are re quired to take, until the duties to which they are liable shall be paid or f secured. The mode by which it is contemplated td deprive them of that custody is the process bf replevin, arid that jof capias tri iffitliernam in the nature of a dUtrcss from the State tribunals organized by the or dinance. - : j ' ; ; 'Against tlie proceriding iri the nature of a. dis tress, it is not perceived that the Collector can" interpose any resistance whatever; and against the process of replevin authorised by the law the, State, he, having no common law power, can! only oppose such inspectors as he is by statute authorized; and may find it practicable to employ; and these, from the information already adverted to; arc shown to be wltolly Inadequate. J, The respect which that process deceives, most therefore be considered. . i -II If the authorities oi Sotttb Carolina had not obstructed the legitimate action of. the courts of the United States, br If they had permitted the State triounals to administer the law according to their oa h nndet the Constitution anri the regular tioris tbelawa bflthejUnwri, the General Government triurh t have been content to look to j them for maintaining the custody, and to eri-f counter tne otoer inconveniences ansmg out. of the rceeat procoediriga.fr ren ta that case) however, the process of replevin,frrim the eonrts of the State would bo irregular and onauthorizedl It has been decided by) the Supreme Court of the United . Sutes that . the courts of ths 'United States have exclusive jurisdiction of all seizures made on land or water, for a breach of the laws of the United States, and any intervention oil s State authority, which, by uklng-tho thing self zed out of, the hands of the TniteU States ofSber might obstruct the exercise' of the Jurisdiction; 1s unlawful; that' in srieK case the court -of the United States, having cognizance of the seizure, may enforce a redelivery of, the thing by atUcb ment or other summarr process; that the ques tion under SUC& a sttizure, whether, a forfeiture had been actually bemred, belongsVexiilasivell to the courts ot the United States, and it depend on thb final decree, whether the seizure b tsbe deemed rightful or itortuobs; and lhat jnot . untij the setznre be finally judged wrongful andwith out probablo cansebyl tlie eourti iof the" United States, can ths party proceed at cocuii m la w for damages in the Jaiats oKurtea. - :i. : But, by making :it jf'anlawfnl iat any bf die. eonstiuited authorities, jwhether of U:s Uoitbit States or of ths State, to enfee tiia.!avikfor tlw payment of dntiesv and drhrmg ttut all judi ctal proceedings which' shall be bcrcaflcrisad in affirmance of the contracu madviih pQrposs; ft secure the duties imposed br the said ,acut, ar and shall be held utterly null and void,", tie ha in eQect abrogated the jriiieiaL tribunals within her limits in this rsspt, havuiually denied the United Sutes aeeesri to the courts established by. their own laws, and declared it oniawmi th itArm ta discharge those duties WmchLhti are wornTto perforin; tta lisa of these she has aubstituted those State tribunals already adverted to, the judges whereol are noftaereiy sonscaen . - ' m. a - m m . " to allow an appeal, or Permit a copy oi ineir ip cords, but ara previously srorn ta disregard th might be placed could not be induced to accept land, as well as for the purpose of uieoiuce oi inspector, 10 oppose, wim any pro-1 cess, in early and less 'ctviltzedcti bability ot success, the force which will, no doubt r intended to include the aid and ows of the Untoo,; and enforce ' those I omV, -ii . swum varuuna7 ana,nuaaepnvHi ot tne iluaS tion essential ?to the iudicialcharactdr; tflliJ Quiring into the VaUdity brthe iawnd the right f t!ur matter," becnue jraereiy .ministertalln- srrioicnts tri aid of the concerted obatruetioorif the laws of the Unions ; ' !i r Neither the wricess nor rinthoritr t ths ttii 1 lraaW,tha3 consdurted lean: be respected, coni I sjsteutiywith the sajmrnvlcy of the Iihi, or the rights and security of thb f citizens If they! bo ' siubmitted to, the protection t due fxoni i the Gov4 1 erumeutto it officer and citizens is-withheld j I id there is at once, an end, but onlr to the laws! b;nt to the Union iteeir. ; t. r; j J ( i I Againit such a force as the sheriff 'may; andl which by the replevin ; law,! of South Canilina' t 1 is his duty to exercise; it cannot bq expucted Ciat a collector can ! retain his eustody with j the h 4id of; the inspector. In such case, it m tmmJJi l Vorild bf competent to iastltote smitar tn the! 0i 3 'V; $taies Courts sspdnst-thoW eugageil'io ' th trai- Wi lawful trxjredin; ioThe; propert rnight be ' Vf seized for a violation of the revenoo laws, and -?v being libelled in the proper courts, an order might M-l-i be made Cir - its H.Irrrri wfiih-wraiM - ho jinn! i tU mitted toi the marshal fotexecution But, in Ihaii case: thriath seeiirtn bf th nUt'lnWii nfii i l l boalified )5arms,-makes it the duty of the eheri tt 4te prevent such recaptore or seizure, or to r de ; liver the roods, as the eafiB mir he even titute : ariy process, order, or decrees, or other pretext; contrary to the trne intent and meaning 6C the ordinance aforesaid. It is thus made the dory of the sheriff to oomwb th nmeeess of the ceurm - of the United States, and for that purpose, if need L e, to employ the whole power of- the country, And the act expressly reserves to him all -power, ? which; independently of its provisions, he ooold . have used. In this rescrvaton it obrtomdylcon tempUtcs a resort to other means than those par- ; ticularly mentioned. ' ' " f It is not to bo disguised that the power whfch, 'i it is thus enjoined upm the sheriff to emptor is nothing less than the poise contitaxut, in alt' the igorof .he aneient common law, This power, though it may be used against unlawful resis- tance to judicial process, is, in its character, fofp cible, and analagoos to that conferred upon; the narshals by the act of 1795; It isytr--fact, the embodying of the whole mass f the population, : under th command of a single individual, to accomplish by their forcible aid what could not be effected peaceably and by the ordinary means.. It may proporly be said to be a relict of 1 hoo ages in which the laws could be defended rather by physical than moral force, and. in 7 its origin, was conferred opoo the sherins of England, to enable them io defend their country against any of the King's enemies, when they came into the executing pro mes, it was atteudaace of fall knights and others who were bound to have harness.! It includes the rWrt of ' going with arms and militarr MuimnJritii. and nbracf larger classes and frrpr tcr masses of populalMti than can be compelled, by ! the laws'of most uf the Sutes, to perform mirttia duty. If trw prin-' ciples of the common law are recognized in South Carolina; fand. from this act. it would seem 1 they arej the powers of summoning the potie comilatut will compel, under the penalty of fino and. imprisonment, every man oyer "the ae ot fifteen, arid able to travel, to arn out at the eall of the sheriff, and with stteh weapons as shall be necessary ; and it may justify beating, and' evert killinsr. such as mav resist. The - n uf tn pom coroitolosis, therefore, a direct application of forcej and cannot be otherwise regarded thari as the employment of the whole militia iWce of the country, and, in an equally efficient form, ttri- der a different name. No proceeding which re- sorts to this power, to "the extent contemplated by tan act can be properly denominated p&cca- : ble. -.' The act of South Carolina, howerer. dors riot rely altogether opon thw fecible rerocdy. For even aUeuopting to resistor disobe-thougb by . the aid only of the ordinary officers of the; cus tomsthe process of replevin, the collecter and . all concerned are subjected to a farther proceodt- u effects, and are, moreover J made truiltr of a isis- i demeanor and liable to be punished by ae of not less taan one thousand; n a" more thaal &ve ( thousand dollars, and to imprisonment not rxil ! oeeding two years, nor less than six months and for even attempting to execute the orders of uio court ior retaaang tns property, the marshal, and all assisting, would be guilty of a; misdemea nor, and be liable to a fine of notjws than i three thousand dollars, nor more than (en thousaridnd to imprisonment, not exceeding two vearai m ' less than one ; and in ease;the goods should be ; reUken under snch process it ! is made the! abso lute duty of the sheriff to retake them. i' j It is not to be supposed. that, in the face ef these penalties, aided by the no werfal foce of the county, which would doubtless be brought to sustain the State officers, either that the collco- v tor could tetaitt the custody in the first instance or that the marshal could summon sufficient aid to retake the property, pursuant to the order ' other process of the court. J It is, moreover, obvioos, that, in this conffici between the sowers of the officers of the United States and of the State, (caVs tbe Utter be passirelyi submitted to,) : thedstrncnair to which the property of the becers of the custns would be exposed, Ke emnmissioa of actual vb lenee, sad the loss cf tivts, wooid be tearcrre-i roidabIe,J - " j . !r l Undrl!ieserenmstattc the pririsioasl of tracts of SottUrCaroJina, tfce executfcm bfi t. i t. . . .. . . . -..I in mw i9 rcnoerea cnpracurauLe, even through ihe ordinary judicial tribunals of ths United Sutes. There would esrtamfr bo fewer I diffi culties, arid Ions opportunity bf . actoal "etMoitA oetweeotne oritl Uwted twatflwaod of the Staleand coUeotion of; the revenue would be mora eficctoally secuxeo4f, faideed, ft can be done in any other way-by plaetng -the : ens torn hooso beyond the immediate power of thri 000a- ! . .:) . ' . i ' "I '! -j:; For this purpose, it inight be proper to! pro vide that, whenever, by any nnlaful eookbinai lion, or of obstruction, in any Stat; or in any port, it should hjcome impracticable : faithfully to collect the duties, the President bf the XJmted Suiee sbonid be authorized to alter- and alxilish acf &sdjtfrieUsjd pirtsofeatjy as should hooecessaij,andtojestabUsli the custom house at sotaesebure place mtiiin the same pert or harbor of such SUt; and, on csch cases, at such place, and todouinall mszlsaad carafoeB I until the duties imposed by law5 be properly se-l ' cured, or paid ia eaeb, do&etia? interest ; that, ui suuti caxOf ii kwmiu jUOBUSr8l ISXC the vessel and cargo fxata tia ccstody of the pro tuo. ctazocas'cnieeo nr limmtho ordinary jodjetal tribunals of tho Ui ted States ; and that, in case '..of an attempt eith erwise to fake the prupcrtyj by fofeo tou great be overcotnA br lfae omcirs of ue cmuxmti It t -t should be lawful topmteet the putscolua ;4ff'i r .'8 9 ri lcjri ho saii M' 0 m ' 1 v t ? i- l. ! i it it ! I Mi ' 5- 1 i i : it- 4 1. J- -i- 1 ili'i ii. . ! 'w I . I , 1 i ! ii J1 i ft ' 3 .