1 Ll SU. JBI ajaaajagjjs)jjBB ilgtr,lefra .ffteaEM ta "tr"'T"mii t'"ytii,fWMI77rmTfmWif ;XIQ. 63 Ky;j.c:.rjl ::yr'K AixTaix, ii.o. mn)A7 pzolzscii- 14. less v'v voi rrrrm:: A ltMntrmi,'n eellar par em; awnei ft trVprfft ' CorwlLu t7tizcttt , nhmii, viuit,' at v '.;." - XO.WBNCS LKMAT. MAfJ. -a tia4 tTareaJ ft alt leal ' la preventing ft trmct U troQger'toeAsarett.vttile tbtr U Imm tJiat aay ttunr wUl be yielded to iHWtiap eal rraMetraacft. perhaps demand, ud "will certainly justify a j that v of ft Minsk Iear uf'aeter! twt tad-mporUfet trp 'rl ake iTDrtWriTlh aliiUtt t!frt fur lu r" kftw r'nJc 'wmw. i! joioUr. . VdaxUrtdttriJvss ft wwf Uoa. Wt bt kitbma rt- u anMw .p the Cm wtt re4ce4'to-firm,lt tu t'frrkir the tumbled wiadam of the UM MnM. tNid,nr oi.Ma full njwaiufto.U Sgatb Carilia ftoi j U attova ta rin la annrt th aUoB af tk TieWi I eaterUia of nii,tKlflmtt H a atnstiy vm4 W par distinct - eoancuuon wc the conne which my aen9 ff Jaty VUl'.'rrqaire me te frae.' -J-l-:- . , - 7 'r". TWe Ordioaace U'fsamletl, jot m the lodefeaaibU right of rlt!n ftcts which are plaiolj nnconatitutiaol and too oppreraive to be endared bat aq th strange position that any one gtat rJVM4ariw;.i: Wkw,1 a Coarentioa uteinbled they ntr do thii onaiteat1r with the tmrkmm Otrmm llhM far M iW, a4 (Ma T- a ular a twin. ' t4rrBa a ta E41lart Mat aa aal pai. , OaaaaBaMaasesHaaaaiaaeavaeBaaaeaaatJ J'ROCLAJttATIO J A 'the State af South Ctrolina, hev4Coaatitahnn-that the tru constrve- . .ma . .a a l. . . 4 I "iw ae aereru acta anu;to rebuaiU Dlacein xne Union, im trti of acta ef the Coonrss of the U. Ute porportin; to be uwa for the im- aainr or duwea ana tnpoets en ine mporUttoii of Toreurn eoramoditiea. jet be, bound, bj no other of its lawa thao tioBeiVinaj chope to consider a coostitetional. It is true,, thfjr ddi mil l juiijij ui ia aoroaiion 01 a lawt id nK having actual operation and jit nuat be palpablj .contrary, to; the tecc witniD e wniwu ciaies, .era reosUtution; but it ia evident, that to ire pec'ialty," twe act for the I -if e the riiht'of reaiatia lawa of that im Durpotea paised en the 29th t)f dacrintion 'eoaoled with, .the ancdn !May,v I8i8, and .ou the 14th Jul ji trolled riht to deride what lawa Je- to j , r "uiiiviuiui u; ms vn- irf . mm' cnnc;tr, ' 10 kit e uie tution of the United States, and violate rower of reaistins all lawaFor.aa the true meaning and intent thereof, bY. the theoiy, there U no appeal, the aud ftre unll and roll and no law,:reaons alleseu by the State, eooJ or 'r tnding on 7 the citizen of itliatrbad. roast nrevail. -lfitahoal lto.t?e?1jL,i bt thT a1 that paWic opinion, a sufficient cleck jnarand b- nthority of the prdinance,,it further lmdbig ifnited State, whose uuiawiwi w wp-vi kvuwii-, m aK.C(t . wnj )l ia nni uteiutu auui I thoritiea of the State -of of the United cient ; guard .against the p88age of mn . states 10 eniorc mo paymem oi me uncimstitutional,?act Djr upngres). ' da ties imposed by the eaid acts within There is. however, a restraint in k I the same State; and that it is the duty last casev which makes the assumed of the Legislature to pass such laws as power of a State more tndelensible, uaq t- nance It U further ordained, that in no ne to the Judiciary, the other tobe case of faw or equity decided in the People, and the States. ! There is 'toe Courts of, said State, wherein shall be 'appeal from the State decision in theo drawsi In question the validity of the rv. and the practical illustratiii-how8 said Ordinance, or of the acta of the that the courts are closed agaiifi an SUtea by wWch ther agreed that they of the Legislature to pass such laws a power of a State more Indole may be necessary to give full effect to and which does not exist lathe the said Ordinahtej ,y - 4' fjThere are two appeals from an 1 f Ako'oterea 6, by the eaid Ordi stifuUonat act passed by Cong Le&ialature that mar be passed tO Kive. annliatinn ' to feriew it. hoih" wHe-ea it c Sect, or ot tlie sad laws of the Uni- 4 and jurors being sworn to decide i 0 its ted States, no appeal ahall.be allowed fv0r. But reasonicis on this ubiect to (he Svpreme Court of; the United , superfluous when our social comnact 7 , States, ow shall any copy ef the record Jin express' terms declares," that the permitted or allowed for that pur- Jawg of the United States, its Consti- ' toose,: ind that ant person attempting I tution and treaties made under itvftre .W:takwcll appeal shall be punished; the supreme law of the landaid for .'H-4.utoV iKFthr$akl OrasB ftRin everyiitate shallWoa fnerebr, Hclarea, hit the people ','of South Caro-j anything in the Constitutioa or laws jlinft will maintain the said Ordinance of any State to the contrary nofwith- fat every hazards and that they wjil Btanding." And it may be asserted ''consider the passage of any act by Con-; without fear of refutation, that, no I ress abolishingor closing the ports of. Federative Government could eiyst e said State, or otherwise obstructing' without a similar provision. Look for no fre togrese or egress of vessels to a moment to the consequences. If and from tnesaid ports, or any other South Carolina cunsulers the revenue ct of the Federal Government to co-,Uws unconstitutional, and has a right tree the State, shut up her ports, de-j to prevent their execution in the port troy or harms her commerce; or to ef Charleston, there would be a clear inforee the Tsaid acta otherwise than constitutional objection to their collec- firough the civil tribunals of the coun- tion in every other port, and no revenue ft-y, as inconsistent witn uie longer could be cullected any where; tor all entinoance 01 soutn Carolina in ine 1 mposts must be equal. Ibis no an . m A r Mt 1 1. I I ..." woeld itfllecUvely form one nation for tao pvrpDae -of csadnctior aoeie w uin demesue coaeems and ail foreign rtlafiTua: "la the instrament formin that eaioa is foend an article which a i A h. m.m. aeciarea uiai every suie snai .a btde by the de(ermioationofCoorea on all neeatioa, which by' that confe derate supald b4 submitted to the tu. 7 .. Coder the confederation theaV no Statecould legally. annul a- dec'uioa of the Congress, or Refuse to submit to its exesetiooi bat tur previaion was madi. ia enforce these decisions. Con great wde HflMslKonsytiift they "were not complied with. - The Government conld not operate on individuals. ""They had no Judiciary, bo means of collect inr revenue.- r " . . , But the defects of the confederation need not be.de tailed., .Under its ope: ration wo- could t scarcely be railed a nation." - We had neither prosperity at home nor consideration' abroad, 'fliia state of thiols could not be endured,' 'and our present happy; Constitution was ' formed, ; but lormed mvaiu, it this fatal' doctrine prevails It was formed fwr " important objects that are announced in the preamble made in the : peo dele gates framed,, and whose convenUons approved it. ? The most important 4- : ny tvongKH.- 1 TO(0j these objects? that which i pla a restwntin khu j teulUt in-ank, on which alt tlie oth. era. fe t, M form more perfect yruonl,', ,Wow,,.ia it possible that even if there wereine express provision giv- n sttpremaey tyhe Constitution and laws of tlie Unit 1 States, over those of the Statescan it.be conceived, that at fnstratneat made for the purpose of Jotit o ot re perfect Unton," than that of 'v' confederation; could be so constraetott by. the assembled wisdom of our country a, to substitute for that confederation a form of government dependent for its existence on the lo cal 'interest, the arty spirit of a . State, or of ft prevailing faction in abtater would make it? TDul we ' pledge Our-' wtrn to eappwi bm aarr ihr er .V' . i 1.1 ' imc Ml tf.XtiwiJTt' SiIM lVLUIB 111 IHUI &MI aWIeTI a niont and that tlie people of tlie said fata will thenceforth hold themselves' anwiveif 1 run 1 uii iuiuic vuugauua ui aintain or preserve their political con- !Ction with the people of the ' other Mates, and will forthwith proceed to 2&niie ft separate Government, and 1 ftir otner acts anu ininn wnicn vereign and independent States may ; ngni no; -, Akd wnaaEAS,tlie said Ordinance :scnbea to the people of south Oar na a coarse of conduct, in direct vi- tbn of their duty as citizens of the lited States, contrary to the laws of tfl ir country, subversive "of its consti tu ion, and having for its object tlie d( traction of the Union that Union, ' ,w ch, coeval with our political exis ts ce, led onr fathers without any oth- es to unite them than tliose ot pat- sm and a common. cause, throueh eninary ttmgle to a clorious iu- ndence that sacred Union, hith- 4aft,'whicrH perfected by onr Constitution,' has brought us by avor of Heaven to a State of pros y at home, and high consideration , rarely, it ever, equalled' in the y of nations, -4To preserve' this of our political existence from jction, to maintain inviolate this ft. . . !ft .A rv' .fttaoi national nonor ana prosperity, a iusuiy, we connuence my ici- . - - 1. 1 iizens nave repoaeu ia me, 1, w: ' 3 ACKSONtf .' Pridtnt of the Statu have thought proper to this my PROCLAMATION, mt views of the Constitution wi applicable to the measures d by the Convention ' of South a ana to tne reasons they nar e irth to sustain them, declarids .1 1.. .L-.-i. At t M uiiuiBV vmvi uuij win icijuti v utc : ' to t sue,1 and,' appealing; to the eti- ' tvding and patriotism of the peo f.'oHvarn them of the .'conseqnences thrust inevitably result frcr an ob- cri ncc of the dictates ef the Conven- fjof $ ff Vf.vV atiod.! . e have trasted to it as the' twa tlx Bt-ai tka rnwnl rxiravtat. sheet lienor af oar rafety in the ator)kT'M ealifhad Ttis oftonaict with foreign -' M p-riu wboW r -. nr . i . . . . ..art similar a hum. ' uoaacmia iav . . nave HKe4 (0 U), ,;,,,-. tle K drJ ttvaf C with rl ftvreuthe palladtam f frtm ah,ll harpqcto Ujmi coa fx wor liTties and with all the aalemni-i -, UwiM, ;oi, ad ecia ia K bea of eelt'Hin have nledged tc ieach ; awidH hat tftry ahall Wae ev u olher 4or.Uye aid T-rtanea her,- and Jj 'LFT arhoii of Nppinrts hereafter, m lU lh.M ,n4 ,, Ct,rti...ian H.U b defentinind vpport. , ANerewe mis-iKMMMiM t r tb KnA. mA ihihe takeji.jt'iy'oiitrymeni.inAttachiBgi Jlr e7 Siaehan bn beund ihere this imiorlauca to tho Conatihition id'; V. ny u,,n n lh Cowiitiaioa or Ua T any U'( to Jin conirvy nninmung. In rain ba th acflpt- ut 1U4 ecrl Siie aoWmnly aMdioneJ theaa proiw!av aita (hem Ibeir aaraaKniM lav. a ad jmiiwuuany our rorrurv r; . v as oof devotion paid to the 'wTelvhed,' inefficient,- clumsy cnaiTiTaoce, wnicn tuia new .uocmtie .-rictuw wouia require,oi.me no- IHUI. HW1I VftW VIVftW (V.I.WW M ft. . A wim wnici. 1 am now, ;or may .fi(n-enl tf bt' investeiL.for nreservins .. 1 t ...... . . j -, - ;ae psace ot tne union and tor tne exe- swer to repeat, that an unconstitution al law is no law, so long as tlie ques tion of its legality is to bo decided by tlie State itself; for every law opera- hng injuriously upon any local interest will be perhaps thought, and certainly represented, as unconstitutional, and, as has been shown, there' is no appeal. If this doctrine had been established at an earlier day, the Union- would have been dissolved in its. infancy, The excise law in Pennsylvania, the embarjroand non-intercourse law in the Eastern States, the carriage tax in Vir ginia, were all deemed unconstitution al and were more unequal in their ope ration than any of the laws now com plained oi but fortunately none of those States discovered that they had the right now claimed by South Caroli na. Tlie war iuto which . we . were forced, to support the dignity of the nation and the rights of our citizens, m'ght have ended in-defeat and dis- Sacc Tn(Slcact of victory iadnonbrHf e States who supposed it a ruinous and unconstitutional measure had thought they possessed the right of nullifying the act by which it. was de clared and denying supplies for its prosecution. . Hardly and unequally as those measures bore upon several members of the Union, to the Legislatures--of none 'did this efficient., and peaceable remedy, as it is called, su tr uest itself. The discovery of this im portant feature in our Constitution was reserved to' tlie . present day. To the statesmen of South- Carolint beTangs the invention, and upon the' citiensuf that State will unfortunately fall tlie evils of reducing it, to practice. ' If the doctrine of a State veto upon the laws .of. the l?uio 'carries with it internal evidence of its impracticable absurdity, our eonstitutionaF history will also afford abundant proof, that t Would have been 'repudiated with in. dignation had it been proposed to form ft feature in our government. , - In our.' colonial atate "althoucli. de pendent n another power, t We very early considered ourtelvea M'connect ed by com mon interest with each other. League were formed lor common de Every man of plain, unsophisticated understandinsr, who hears the Ques tion, ViU giv? anch an answer as. wjlj subtlety, in 1 pursuit of artimpractka bl;theory, could alone haVo devised one that is calculated to destroy it, I consider then the power to annu,l a laWti of the United States, assume J by one State, incompatible with ike ex isLeiTcc of the Unior cahtmdicted ex- pretsly by tM tetter of the Constitution. Urith event principle on which it was founded, and destructive of the great uujecijur wiucn 11 h'rs jvrmetL ; ... -f After this general view of the lead ing' principle, must examine the particular, application of it which is made io the Ordnance. ' The preamble rests its justification on these grounds :-r-It assumes as a fact, that the obnoxious laws, although they . purporf to be laws, for rais ing revenue, were in reality intended for the 'protection of "manufactures, which purpose it asserts to be n n con stitutional j-that the operation of these lawa is ? unequal; that the amount raised by them is greater than is re quired by the wants of the government j anu nnauy, wai me proceeds are 10 be applied to objects unauthorised, by the Constitution. These are, the only causes alleged to justify art open op- posiuwn mo we .laws tne country, and a threat, of seceding frouifthe Union, if any attempt should be made to enforce tliem.. ,The, first virtually acknowledges, that the law n question was passed tindery ft; po wer expressly given by the Constitution, J to lay and collect inposta but ita constitutionali ty i drawn in qus4iob front 'the mo lioet ai chose ;Wo passed it, However apparent this par pose "imay fee in the ' A . ll V a a present case, nothing can be more dan to admit theT position that i tutiod of the lawa." But the imposing fnce, and before the Declaration of .aspect which opposition has assumed in Independence w were-knwn is oar gerous than an uuconstitQtiooal purpose, enter tained by the members who assent to a law enacted under a constitutional power, shall make that law Void; for how is that purpose to be ascertained? Who is to mekfli the 'scrutiny? How1 often may, batf purposes' be falsely im pu tedrt how -many aies . af e they Concealed by false professions-4n how many is no declaration of motive made? Admit this doctrine and jrou rive to the States an nncOMtrolled nrht t de- citje, anu every law; may te annuUed under thla.pretexU " If, therefore;- the absurd and dangerous doctrine, should be admittedtthat a State may annul an unconstitutional Jaw,' 01 one 'that it deems such" it "will not apply; to tip way by he' first breath of disafTecliod? itm tuJieir-destroyibg, visionary tue-, oty,;the work of the profound states men, theexaltrd patriots,' to whom the task of coastitational reform was-en trusted i P'h the name ofr WasWng ton sanction,, did tlie States tfelibe--ratety ratify each an anainbly.in the: history of fundamental legisl atiB?. No. We were Out mistaken Tlie letter of this great instrument is free from this radical faolir its language directly eontraificts the imputation: its spirit us evuiest latent contradicts it. ; XSo we did lint err 1 " Our Constitution does pot con-tin'", the absurdity' of giving power tulnake laws and - another pow er to reast them, nies'ngeslwhose memoryf will1 always . be revereneed ' have p-iyen ua a practical, and ai thev hoped, apermanent constitutional com- Sact. ;Tho Father of his coun try j did J id note IS x his revered name to so palpable an- absurdity. Nor "did the Stated when they severally ratified it, uo so nouer tne impression that a veto eh the laws of tlie United States, was reserved, to them or that they could a . ? 1 f - - it - -.- ft: .ft . excrcistoy; bj tmpucauon. , oearcn tne debates in all their Conventions ex amine the speeches of the most zealous opposers of Federal authority- lopk at the amendments that were proposed- they arc ail silent not a syllable ut- tiriftd. tlAt a Afn mviftn' nrtf a tmntiiin ' ... -V - a " "... HIUM.I1 made to, correct the explicit suprema- cy given to- xie isws oi me union over thdse ' of.: the States----or, to dhow 'jUariiiiaffioa8 tended, could defeat it. No we have notittrei! " The Constitution is still he obiect of our revewice, the bond of our LTaiot). our defence in danger, tlie sonrce of our prosperity in peace. It shall descend as we have received it, uncorruntetl by sophistical construe tion, to our posterity: and the sacrifices. of local interest, ol State prejudices, of personal animosities, that were made to bring it intoexistance, will again be patriotically offered for its support. I he two remaining objections made by the yrdiaance to these laws are that the sums intended to be raised by them arjfc greater than are required, and thatHhe proceeds will be uncon stitutionally employed. ' ' The-Cfntitntlon hat (riven eprt!y to Onffrewthe right of raiting revenue and of dcterminHg the turn the public exigences will tqee. The B(ae hayo no control aver thettere'ue of thia riciit, oiher than thut Whidi rtmltd from the pever of cbang ing th tepresentties who abuse it, and thus' prnccre redreM. Congresa way un doubtedty abute ihtt discrctionnrjr power, but Ihe ftme may be said of other w'uh which th are testrd. YH the Uiaoreiion must'eiift somewhere. The Consiitution ha pienit to the Renreiwntfttivea of all (he people checked by the H'-presenlalives of the State, nd by tr.e Kxecutive power. The Sou'h Carolina construction f(ive it to the Legislature or the Convention of a single State, where f either the people of Ihedif ferent State tor the State in their teparale capacity, nftr-jtie Cliief Magistrate elected by the people have any representation.. Which wthe tnoat dUcfvet lipoi(ion of the power? 1 do .sot asK, you, fellow eiiizena, which is tb' eonstitalitHiat dianoaitioa that matru ment sneak a lanruiee not to be miaunder- mod. vBu If yea -were aawmbled I A reneN at eiwirention. Whiel. would vou think the afevpoitory of tht diaeretiqnaiy power in the usttesoftr wouia you na a ciausa (riving it to each of the State, or would you anction, the wise proviion already mad by rotif fjohatitutionr If this- should baths re mih of your. deliberation when providinjf flir the.ftiiure, are you, can you tie ready, 10 rifck B that we hold dear, to establish, for a temporary 'and a local purpce, that which you inaM apanowieagc 10 oe oeairucrive ana eve ahum M general provuionr carry out that eowequence of thia (rht vested in the dillcreat. stales, ami you must percciv fhat th crwit your conduct present at this tav Wmjld rrciir whenever anv law of the United. State diipleaaed any of the States, sail that wi should soon cease to be a nation. iThe Ordinance, with the ame knowledge lion ef oaths! miteraMe fnnekeiy oflrfiala- t.on!-ft-if a bar majority of the voter in any ne Stat may, on a real or supposed know ledge of lit intent with which a law hat been paaaed, 'declare Ihemaelve tree from its ope ration. ty hero it give too liide, there Imt much, and opertfoq"y; here It auf fiw article to be free that -ought ta be hited, Ihrve ) laseS thoae lhat Alight to-be ffeet in this case the proceeds are intended to be applied to purposes which e da not ap pmvei -in -that the amount, raited mora than ia wanted! Congress, it H true are in vested by 4ka, Constitution wib the right of deciding ib'ta ejoeitiona accoding o Iheir ond liorliom Congreas ia composed of tha representatives of all the Slates and of II thf petiMe of all the State but wa, part eft he people of one State, to whom, the Con siitulioii baa given no power on Ihe ir'jeot,' from whom it has espresly take it awayr- we, who have solemnly agreed that ihi Con-, ritutien ahl) be out hwt we, mnrtof whom have awora ta aupport itt ie. now abrogate '.hi law and awear, and force others to Sweav that it shall not be obeyed. Aod da Ihi. not beeauser Congre ho n right to pas aueh laws, ihi we do. not allege, but he caiise they have pasted' them with improper viewav'Thty'jure umsenatitwionaVTrom the motive of thoau who nasaed them, ihich wo can never with certaiut. know front, their unequal operation, although it 'w impossible front ine nature of lauig that tby shouM be equali and from 4'ief dupoailion which ' wa presume , may be made of theia proceed, although thai dupoailion f.a not been de c1iH. Thia it 'ihe'.plain meaning -of the" Ordinance tn relation to taw which -gate for alleged uhconttitudonality, ,)V,But it doe not stop , theM.. . It. .repeat, in exprasj termvan importsnt part of llie'Cwut tuition itself and of law psi.-Q to give it tfi'ect which have.. never been alleged to be iuconitu lional. ,The Constitution declares that the iudicial nowers'nf the Tnited Stale extend Stale, and that such laws, tlie Constitution and T.eatiea, shall "be paramount to the State Constitutiins and law. The jitlicia rv act nresenhea the mode by which ihe rate niy be brought before a Court of the IJ. States, by appeal, wheji a State .tnhminl shall decide nninJt this provUion of lj)e Ccinmitution, The Ordinance declare there shall be no appeal; make Die Slxie law par . mount to the Cnnttitulion and laws of the United Stales, forces Judges and jurors to wear that they will disregard tht-ir provi aions; and even nukea it penal in a auitor to attempt relief by appeal. It further de clarr ihnt it shall not be lawful for the au Ihorilie of the U. Slates, or of that Stale, to enforce -the payment of dutie imposed by the revenue taw within it limits. Here I a law of the United State note en pretended to be unconditional, repealed hy the authority of a (mail majority of the vo ter of a tingle State, Here ia provision of the Cniitution which ia aolemuly abrogated by the ame authority. ,f .. On auch expositions and reasonings the Ordinance grounds not Only ail assertion of the right to annul the law of Winch it com plains, hut to enforce rt ay a threat ot seced. r . t. r t T . :r - . . . ! . . 1 . . ing irom kiiv mhiuii u an miciih w mauc iu esecote them.'. :'"':"" ;,' This right to secede is deduced from :lue nature ot the . Constitution, which they aay is a compact between sovereign States, who have preserved their whuhs aovereiguiy, and therefore are subject to no superior ilmt because they made the compact, they curt break it, when, in Iheir opinion, it ha been departed frem by the nther State.- Fatla ciotis a this course of reasoning ii, it eid.slt State pride, and find mlvocates ui the bon. partad with saany pewcra as to wwnviilnto jantly with tba eaftet Stats a airgte N, csaaot tram that pensd aaaaaaa aay rgM .1 The next objection iav that The laws in duestion operate rfneanaliy: lT1ii8 objection: tnayvbe made with tnithV to evern Iavr; that has een, of: can be passed, The wisddn of man' never yet contrived system of taxation that rruuiu upvra.ien.wiii peneci" equality. If '-the unequal operation, 1 pf a law makes it nnconslitutiooal. .and if ail lwft of that description; may be abro- break a arrw, bwt deauwya I be. wwty tt a ' - 1, NaiiM, and a-v injury a that tvatty t awC ' . ewfyaavww wkicti avkt twauR. fraaa the . etrawitiowt t the aesapaet, but ttlaaaovw '' - feaea a'ms tita wbaae t'aiow. T aay that- . . . .T aay lHnt stay at pleaanrw aaeeda1 Vara - , Union, m ts artuW lh Uartad Statea aMV ' . net a KaaWw, ancaas it wauld aw a aottcnaa - ' ' ts aaatend that any part of a Na4sa 'anight daolv i ewnaerion with the- ouier part," '-- tr to their Injary or. twin, wkaost awaaaatting' - any offence. Sree, like aay sober re rev ;' iutinnary aetnvy we vaoiaiiy jnatitieaby titer ritreawtr of wppreaaion but taeafl h aCon atitntienal right, i eonfoeading he tnetning . ef term, a ad ens only be dona through grots error, or to deceive thaae who are w.iting t aaeert a right, but would, pauae before they .. . made a rv4rtion or incur the pcaaUiecon-, aetrnenl woa tviliire. -;-'t'' - .'' - 'l ; ttccawf the Union' was fbrml By nm :. . 1. I .J a lmm jft . - ' t depart fro at ftubnt it ia precisely because it .' iaa snmpaat that they cannot, A compact'. , -it an agreement . or binding obligation. It - may by it term have a aanctlan or pen alty. for ita wretch erh sty not. ; Jf it ' contains oo tanetivn, it anay be broken with " no other eoriaeqnence thta moral guilti If ie have a sanction, then the breach incur the ' deignted or implied penally. A league be ,' ,,' tween indeptetMlent paliona, genrally, na an , . anction other thau a moral sihv or if H ' hould contain a penalty; at inera it po eom mn tiieriar, it cannot be enfureed-i-A Co ?v . varnment, ".oo tha v contrary, always, ha ; a ' a net ion, etprea or implied! and m ir cats - ' k fa both neeesnrily implied am? expressly ' giverj An attempt by foreetftf arm to de j troy a Government, is n offence; by what . v ever mesas the eontliluiiohat compact mty . - . i, i , r - a ' i , nave peen lomeiK anu. won uvunwim. r., has the right, by lbs lawor aelf-deffcnce, o , -ps acts for punishing tha .oH'ender,. unlen f that rleht i modihed; reMrainad- o returned ') . by me constitutional act. In-onr ayatem. l ; though U is modified In the of' treason, " ' yet authority M expressly ' ffiven tn pat Sit '' . laws aeeeasary to carry it powers kilo eirect," and under this grant proviwoti ftua been mtitn far punishing acta wbioh obaloict tha. due administration, of the lava,:. .. . i ft would seem sunerfluonS to add ' anv thing to show tha aatora of lhal union which connect uet but at errosewia opinion on this subject are the foundation of doavrirtet ' tha moat dettmctive to our peace, I must give ' some further developement to my viewa an.;'- this subject. No one, fellow-citiaens, has a higher reverence for the' reserved rights of tha States, than lha Nfaatrate who how td dresae you. No one would make greater nersonal aaerifices. or official exertions, ta defend them from violation! but equal rb mu-it be taken tn prevent on their part f ' ' improper interference whh, .of resumptipn 4 of, ihe rights.they hsvo vested ia the riaiion.' . t .i The line has not be .a diat'mc'rly- tfrawti . a? jfttjilil38itbts kMem.bxw.4 oise or power. Men of the best intentions and soundest view nuy dilfer in their coo , . stmciion of some parti of the ('onstitutloni but there are oiher On which dispassionate reflection can leave nodmd'. -Of this nifturs appears to be the numed riht-ipf Heoelon. It rests, as we have see it, on ihe aUrged un ;' divulrd sovereignty ofilie States, and on their having formcd'in this aovere'irn eapaciiy a compact which,, is called , lite Consiitution, from which, because they made it, ibev have the right to secede. -Roth of these position are erroneous, aud ome of the argument lo prove th ta so have been anticipated. -The Slate aevcrslly Jtav not -retained heir entire sovereignty, ll has beer) shown .. that in becoming parts of a nation, not mem ben of a league, they surrendered many of thanr essential parts -of sovereignty. Tha right to make treaties declare war levy taxes exercise exclusive judic'ml andegi? laiive powers were all of them functions or sovereign power; The State,, then, for all f these important ptirnoses, were lio, longer sdvereign. l ie allegiance of IJheir cnixena . . . wat transferred n. tl,e r)rH.'lntance 10 tbe . Government of this United States They ba etme American eitixena, and owed obedience tn th Constitution of the- United State, and - is iaw maie in contorm'y wuu na powers y, it veswq in uongress. rntaiasi pw.iion nas JV-.tv-not been, and cannot be denied. 'II 6 v then Ty '. can that .State be said to be anvcreiga and in. 5 depeh-lehl whose chizent owe obedience lo Jk 't laws not m-vde of it, and Whose magistratea jv are sworn to disregard those laws when they M1-:- 7 K 4 A. . - i i;4 of the future that charaeterise a former ohr jeclion, tens yott'tnat tne proceed or tne tax ill o uncnnsutimonaiiy -appueu. 11 this could bt ascertained wuh certainly, tha obiectiun wauUL with more propriety, be re served for tha law so applying ihe proceeds, out surely cannot ba urged against tha laws ravyipjube doty.,',.;'; .) :f-;V:&t. ; Theaa ara the allegations eontaiood in Ihe Or din sea- j Examine them seriously, any fel low cit'sen, judge for youraelres. 1 ap peal to yea to dermir whether they are to clear, so -eontincing, at to buv no doubt of their correctaeati and even if you should Mine to thia conclusion, how far they" justify tha recklees destructive course, which you are diseetad lo pursue. , Review theaa objec tions, and . lbs conclusion draw) from them. ones mere. what are :theyf; Every law then Jot raising revanue, aecprdiag to the Boa Carolina Ordinance, may be rigtfully . "1 . 'V A f come, in eonfticf with thov pasted by am . Ihetf Vhat -a1wa vcoaclueiyeTy. that-the T States cannot be aatJ to have reserved n un -; l'. ciivmeo toveroigmy ia mat iney caprcti y - -v Kt't ceqea me, rgrn to punitu iressont noi irea ' aim sgamst their separate power, out ireaaoit g -j 4 strains the United States.. Treason is an of ,7l-'IL v fence against loverfifntgi- and-, aovereigatj , J Ri reaiiie wun the - power to puntsn- iuv ; Hut ihsraaevved ritrhra kf thsStatea.ara not j. iev sacred because ihey have fof their com -'xt '. Interest made the General tSnverntaenJi ' '" .'V. the depositftry of lhee powers, The unity ';. :' , of our political character (as his been showa' I commenced with its v est prejudices of these who have not studied tue nature ot our wirciiKucni ftimcivniiy to see ihe radical error On which it rests. ..The people of the United State formed the Constitution, actmg through the State Legislatures in making the compact, to meet and discUts it provision, and acting in sep arate ooavenlions wlion they ratified those provisions, hut the term used in use'iosnao. tion, low it to be a government in which the people ofall the Slate oollectively are repra tented. -We are oas raotrU in the cnoioe of lha Presidenl and Vice President, - Mere the filateabanoolheacreile than to direct ihe mode m which Hie votes shall be giveo. The candidates having the majority ot all the Voles are choaen. The elector of a majority . of State my have given their yole for cue can didate and yet Another maV be choaen. ' The people, then, and not the Slate, .are repre sented in tha Executive branch. . : t, j lit tlie Hoote ef Ut-presentativea' .there it this diilerence, that the people of Ons Stale do not, as in the case of f resident and -Vice Presidenl, all ole for the aame oflicers.' llie people ofall Die States do not vote' for all the members, each' State electing only its. own representatives, UuJ ibis create no ma , terijl distinction..: VV hen chosen, ttiey ur-t all representatives of the AJnlted Swtui, not representatives Of the partietilar Btatw front which they eom.- Tliey ire paid -by the Fterm 1 not" employed, because it. would at for another ournnse c ml- ai4tanft-1 tTnilol tbo llnftal HnvPAnk . t nan v bu-iib; jcuiraoicr, wur upnaai f mL . !. . t ' . ... . nun 10 i'a oppreiMOBs organ at uruua cewrt i -Vfe were the thuuid Sititet onder the eonfe -.;-. deration, and the name was perpetuated tsd "''' the Union rendered more perfect by the P V deral Constitution, In none of ihese stipej did we consider jiurselresln any other light tlmn s forming one nation., Treaties andtf jiances,wcre.nvde in)henarne.ofall. Troops were -raised, for ho. 'joint- defeaoa.'.siow , then,, wilb , all lliete proofs,' tlwt under til-, ebangesof our position we bad, for desirna ted purposerand with defined powers, tres ted nstianat Governments--how is h that tha most perfect of tlwse several modes oftinlon ' should now be considered as mere league ' . Uiat may ba-d'is-dved at pleaaorei' ltaf)0m anapima ot, terroe.v, Compact 1 nteautr J.r Li. 1.. "1.1 1 j rr. i wttwinii wivm. league, sunougn t irusv r United Slates, hot by live State, nor ara they accountable to il for anv act done in the rcr ; forn-iance of tbia legislative functions, and however they.may in practice, as 11 1 their dttty to do, consult and prefer the iriierests of their particular constituent when they-coma in conflict with any other partial or local In terests, yet it is Uuir first ami highest diiityt a repreaentatives of th Uulted States,! to promote tha general good.- , ;H" V ' '" . .The Conatitutioaof the United States then form srrwrsnflil, not a leagues and. wheth er it ba lormedby compact betwsea the States, or in any other mannee, iia Chirac tsr ' is the 1 . a as . same. 4t,w a govern roe ni in wuicti au ine peo pie -are irepre seated, wbicii ape rtw direct once, ahoar tha fallacy of tha reatoaiso-. It would not do to say that our.Constit Hoo was : les&uet but It is labored to pisve tt ' compact, which tr, one sense it i,Xnd then to argue that as a league. is a compte, ery compact between nations must of xirse bo, a league, and that from such an enjagementf every cove reign power has a -fightflo rectoe, ; But it haa been shewn that in duaiensa the . f State ara not sovereign, and tliat eM if hey ; ;. " were and tha Mtintal Conatimtiot had beet - ' 'i formed by coiatpaet, there would la no right't. ., in any one state to exonerate lU;if from its r: obr-gaiiotv r-':rik-,.r'.v- I So obvious ara aW feaaons ich"torbi4t ';'T mis secetsion, tnat t .vteeeMais on'y.To at T. wat'TS--a;uniwt iomea tor , tha benefit of alU.; It was prwu-ced by p 3k. 4fus c'ase,'ky ciothini itself with State aeeirate-character 'AB th tirr-ri ntJ h.V an Krfnitl..r T fc8oiCarg!ina Ordinance, may be yig6fuilyllythPopletediyidonyt tso tor VXZ I;.!! '.Uth 5! vf'T'WI- wle .& Ui Statea-bey teashred alt tba power they slid Uia benefit wfaJkitt was priced by p fth-haritj, OTd tM d-a5 ?0filt' -FAS,,?? ThaUtlecv indeed the Federal ConstUn

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