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