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.Trbovoush, (Edgecombe County, X. C.) Tuesday, October 9, 1833.
Vol. IX Xo. 7.
"AW Carolina Free Press,"
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tin - f T 1 1
if oo r". f !- P-o, w.ic.
to declare a law unconstitutional every
ADDRESS
Of the Union, and Slate, Nights Conten
tion of South Carolina.
At this period when the controversy by
which the State has lor years been dis
tracted is drawing to an issue of fearful
import, the Delegates of the Union Party
assembled at Columbia, invite your sol
other State must have the same; and the
Constitution can have no settled mean
ing. It is vain to say that the power
would not be lightly exercised. If it
were a power which the Stales possess, if
the right was acknowledged there would
be no more difficulty or reserve in the ex
ercise of it now, than under the Confed
eration. A veneration for the Constitu
tion may prevent infractions but can have
no application to the exercise of right
when it is once admitted to be constitu
tional. According to the theory of nul
lification, any number of States, more
than one-fourth of the whole, may change
the Constitution. For in case u State
shall nullify an act which that very State
in common with all the others had for
merly recognized as legitimate, or any
law that is really constitutional, unless
three-fourths concur in favor of the law
so nullified the Constitution will, to all
intents and purposes be changed; and
ritv and if possible ihe peace of the coun
try. There is no Tariff party in South
Carolina: we agree on every side thai
the tariff should be resisted by all eons;i
ui lion a I means. So far there is no dif
ference of opinion, but we are divided as
to the character of the means that should
be employed: and resistance by Nullifica
tion is the fatal source of bitterness and
discord Even those who are in favor of
nullification differ widely as to its cha
emu attention to the consideration of the
best mode of providing fur the public this power of a minority to alierthe Con
salety. I hey solicit your co-operation i stitution is deduced from the express pro
ia a common effort to sustain the prospc- vision that it shall not be altered bv less
than a majority of three-fourths. By
the same rule, if unanimity had been
required in all amendments, the Consti
tution might have been changed by any
one State. Such fallacy requires no ex
posure. A construction which destroys
the text, and gives to words an effect di
reetly opposite to their sense and mean
ing, is too gross for argument.
such are the objections to nullifica
tion in theory, it is not merely an in-
racter. It is recommended as Constitu-! fraction of the Constitution, but a total
tioual and peaceful, but when explained 'abrogation of it authority. But in prac-
even by its own advocates it assumes lice a dissolution of the Union is one of
many different aspects, and furnishes an the least of the dire calamities which it
must inflict on the country. A secession
from the Union might possibly take place
evil omen of interminable strife. Re
garded as a peaceful remedy, nullification
resolves itself into a mere lawsuit and in peace, and would only impair our na
1 . I ! ! I f it I
iiomu oeience, put our independence in
may be shortly dismissed as a feeble in
efficient measure. For it has been wise
ly provided that the Constitution and the
acts of Congress made in pursuance
thereof shall be the supreme law of the
land and in a court silting under the au
thority of the Constitution, the merits of
the question could receive no aid from
the high sounding terms of an act of nul
lification. Regarded as a forcible inter
position of the Sovereign power of the
State the objections to it lie far deeper.
It is not a mere infraction of the Consti
tution which, like an external injury,
leaves its general utility unimpaired, but
a radical and fatal error. The theory
renders the Constitution a dead letter
and the practical enforcement of the doc
trine is the beginning of Revolution. A
government inadequate to its purposes
cannot m the nature of things maintain
its existence. The great end and aim of
the Constitution is to preserve the Union
of the States, and by that means the bar-!
niony and prosperity of the country..
The old Confederation proved inade
quate to that end, because the execution
of its resolutions depended on the will
and pleasure of the several Stales. The
Convention which formed the Constitu
tion owed its existence to the necessity of
giving to the General Government the
power to execute its own laws. If the
several States can nullify an act of Con
gress like the Tariff, that power cannot
be exercised, and the federal Govern
ment must follow the fate of thcConfed-.
eration. It is vain to argue against facts.
The theory of nullification falsifies the
history of the country. It is monstrous
to contend that the framers of the Con
stitution did not invest the General Gov
ernment with full power to execute their
own laws, or that without such a power
union can exist.
The restriction of the State Veto in its
terms to laws declared by the State to be
unconstitutional is merely nominal. In
practice it can make no difference, for
whether the law be constitutional or not,
danger, and iive us up as a prey to for
eign influence, with its usual consequen
ces of domestic faction, and frequent
wars. But JXulhjication in practice
must produce a direct collision between
in the correction of abuses would sweep
""y niu iiicMiumuie institutions ol tree-
dom. If nullifi cation vvmo Hut Aif-nl tn
those institutions, there would be no dis
pute among us, and when the vital and
essential interests of the State are in
jeopardy, we should think no risk too
great tor their preservation. But it
would little comport with patriotism or
prudence to incur all the calamities at
tendant on the destruction of social or
der, if any plan can be suggested for n re
moval of tire burthens of ihe Tariff (ah
ready considerably diminished) by safer
and more eligible means. We believe
that the times call loudly for the adoption
of such a plan, and that no insuperable
objections stand in the way of a cordial
20-opcraiion ol all parties. Let the Sou
thern States meet in Convention and de
liberate as well on the infraction of their
rights as on the mode and measure of
redress. The State of Virginia. North
Carolina, Georgia, Tennessee, Alabama
and Mississippi, are equally concerned
with us iu all the consequences of the Ta
ut. It tlie freedom and prosperity of
one are involved in the issue, those of all
the others are equally concerned.
Whatever advantages may be expect
ed from nullification as a constitutional
check, can only be realised by a concur
rence of the btates that are interested,
and such a co-operation appears, to be
clearly intimated by the Virginia Resolu
tions as the proper proceeding in such
cases. And if Nullification be regarded
as an appeal to the principle of resist
ance, it would be madness to expect suc
cess without the support and countenance
of these States. If the Slates, which aie
injuriously affected by the Protective Sys
tem, concur in regarding the ordinary
constitutional checks as insufficient to
restrain the General Government within
its proper sphere, such interposition as
they may advise, will be most effectual,
and productive of the smallest injury.
Even those who support the opinion
that Nullification is a constitutional and
peaceful remedy, admit that it is only to
be resorted to in extreme cases, and on
Convention will no doubt have great
weight, but it will be a salutary influence,
not a legal control.
In the spirit of amity we make this ap
peal to our fellow citizens. The glori
ous inheritance of freedom is at stake.
The same blow which destrows the Uni
on, levels to the ground the defences of
liberty. Under the Federal Constitution
we have enjoyed all which the patriots of
the American Revolution desired to see.
Our country has increased in riches, in
know lede and in honor. And those
who offered up their lives in the cause of
America, would have closed their eyes in
peace if they could have been blessed
with a vision of that future which we have
enjoyed. The happiness of our citizens
has formed the admiration of the wise
and good; and now when the scene is
changed, and discontents created by the
acts of Government, have brought the
Constitution itself into danger,it depends
on the moderation and wisdom of the
sons of liberty, to repay in some degree
the debt of gratitude, by transmitting the
same inheritance to their posterity.
Here follow the Resolutions which
have already appeared in this paper.
Two fromthe committee of correspon
dence are to meet the Convention at Mil
I c d e v ille, (Geo.) on the first Monday of
this month, and sub-committees of two
are to meet the Legislatures of the other
Southern States. Mr. Poinsett and
Judge Huger are the delegates to the Le
gislature of this State.
the authorities of the Slate and those of the ground of great public necessity.
the Union. It would place both parties And how shall we be satisfied of this ne
undcr the necessity of a conflict, and en- cessity but by the support and concur
snare the citizen between inconsistent rence of those States who are equally in-
duties, adding to the disasters of war the tcrcsted! .Many causes may conspire to
cruelty of penal laws. It may be said bv
mJ ft W
the advocates of nullification, that the
Slate is entitled to the unqualified alle
giance of its citizens, and that the de
crees of a State Convention would super
cede all other obligations. Without
stopping to examine the correctness of
this doctrine, it may -be conceded for the
purposes of argument, that it the btate
authorities command us to withdraw our
allegiance from the General Government,
we are bound to obey. But Nullification
professes to be a constitutional remedy
and whilst it calls upon us to resist the
constituted authorities, it commands im
plicit obedience to the. Constitution of
the United States, can any thing less than
humiliation and defeat be expected from
such a tissue of inconsistencies.
But if nullification be considered not
as u constitutional power, but as a high
prerogative, afid an exception justified
bv ffreat emenzencics, it must in principle
be the same as the right of resistance,
.... . . i - i i
which is recognized by me principles 01
freedom as a ricrht paramount to all Con
stitutions, and is but an application to
the State as a political body ol the same
principle which prevails in every case.be
tween the people and the Government.
but as this exception is oy us vuiy na
ture bevdnd all law, it cannot be incor
porated into the rule of the Constitution.
The question in all such cases is, wheth
er necessity exists; whether the magni
tude of the evil is such as to justify a re
sort to revolutionary force.
We cherish a sacred attachment to the
Constitution, and deplore and deprecate
create an excitement in one Slate out of
all proportion to the magnitude of the
evil. But if the excitement is general,
and prevails as widely as the mischief ex
lends, we may be assured that it does
not proceed from prejudice or accidental
causes, and that the crisis has arrived
for ihe intervention of an extraordinary
remedy. It is due to the veneration in
which the Constitution uught to be held.
to I he responsibility which we are under
for preserving it inviolate, that no mea
sure, involving in its consequences, so es
sentially the stability of the government
as Nullification confessedly does, should
be undertaken, except by the concur
rence of such a number of the States as
are invested with the restraining or ne
gative power in the case of amend
ments.
Such are the advantages of a South
ern Convention. The objections to it
may be easily disposed of. It is not un
constitutional. The Slates arc prohibit
ed from entering into treaties or confed
eracies among themselves. But-a Sou
thern Convention will form no treaty or
compact of any kind. Their object will
be to deliberate, to enlighten, and give
effect to public opinion. Nor will their
deliberations be injurious to the Union.
If the States who are aggrieved by the
Tariff laws act in concert, their claims
will in all probability be conceded but
if the verv worst that can be imagined
should happen, and their demands be ca
priciously rejected, it will be for the sev-
eral Slates and not for the Convention to
act on the subject. The advice of the
Singular Fact The Chenango N.Y.
Republican says: Among the applicants
for pensions before the Vice Chancellor's
Court, in this county, a few days since,
were two men, a father and his son! the
former aged about 94 years, the latter 70.
They both served two years or more in
the Revolutionary war! and the father had
been through the French war. While
i i i i
me sou was giving nis declaration to the
Court, the father caused much laughter
by occasionally correcting him with 'tut,
boy, you are mistaken.' 'You are wrong,
boy!' .The term 'boy,' applied to a war
worn veteran of 70, whose whitened
locks and wrinkled visage evinced ex
treme old age, was irresistibly amusing.
It may well be doubted whether a similar
case exists in the State.
The Windsor Herald says: A circum
stance somewhat similar to the above has
come to our knowledge. Among the
applicants before Judge Donnell, in this
county, last week, were a father and son
both of whom served in the same com
pany, and were in several important en
gagements during the revolutionary war.
Anniversary. Sept. 20th, completed
the 96th year of ihe venerable Charles
Carroll, of Carrollton, the only surviving
siguerof thedeclaraiion of Independence.
Domestic Manufactures. The Balti
more Visitor says: A gentleman of our
acquaintance now in this city a Virgini
an by birth, has "done the State some
service." He is but 32 years of age,and
is the father of fifteen children. He
married his first wife at the age of four
teenshe died when he was eighteen,
and was the mother of six at nineteen
years of age, he married his second wife,
who is young yel and ihe mother of
nine. To use his own expression he has
"prospects of more." Fifteen children,
in seventeen years, is what we call doing
a tolerable good business.
Dogs. The number of dogs taken,
killed and buried under the dog law of
Philadelphia, between the 1st April last
and the 15th Sept. is stated to be 1814.
Raleigh Star.
Remedy for the Sting of a Wasp.
Press the pipe of a key upon the part
stung, for a minute or two, when the pain
will ccase; and the swelling disappear.