Newspapers / Newbern Sentinel (New Bern, … / Dec. 24, 1832, edition 1 / Page 2
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l ' tr- ;.P: 1?, - 4 i( 4 . 4 - IROCIi AM ACTION. J,--'- IT THE PRE&IDILYT OF THE UNITED STATES. cofttrtional measure had thought they posssed as is "now contended, could defeat it. No-we' hare he in thofoice .of 'f anf esj ffe fitfWaallitVinsr.tiui act bv which it vL de-..not erredl The 'Constitution U still the object of our. Here the SUM have no jtlto Ar tt ! clared and denying sappiies for its prosecution reverence, the bond of our Union, our defence ia dan- mode in.which the votes snail he given. 1 he candidates Hdlyn1iiequUlytho measures bore upon,". .f .-. P''ac?-. " f !SL,5r 72tt'w2ZrtL :.w ".. WheraConvemion mMeain tte Stat, f several mem 'South Carolina, have passed an finance hy whn u ""gO" a..l rem y rf loca, interesli of State of por.onal "ani-, TbepeopW then, aod not theStates, are represented .n thev declare.' "That the -several acre anu F. r" - , mosities. that were made to br nr t ntn existence, will J the Jwcecnuve urm.. thev declare, "That the. several acts of the Congress of the United States, purporting to be. laws for the imposinjr ol dunes an.. tbeimpoitatioii of foreign commodity and now ha ving actual operation and effect wiltan the Umled States, and more especially,'! 'two acta for t!icame purposes passed on the 29th of may, 1828, and on the I 4th Ot July, lti, are uuauiiiuiiA'ou ny uie c-uii stitution of the United States, and violate the tru tntlt feature in our Constitution was re-serVed present day. To the Statesmen of South Carolina i hlvlAllrto flijimmiitinn nn.l minn thu r.ItlZeUs (-'I uv.juii"c ui. I n I II LIVU. Ull' i u wu again be patriotically offered for its support. . . . . ... i that remaining objections made by the urainance r- - . a a ! a! 1 " - r tKe House Ol uepresenuiuvcs mere is mis airier- nnip that the people of one State do not, as in the case to these laws ara that the sums intended to be raised by of President and VicePrewdenV a 1 vote for the same j them are greater than are required, and that the pro- meanin and intent thereof, and are null and void, ajid no law," nor binding on the citizt-ns of that State or its officers: arid by the said Ordinance, it is further declared to be unlawful for any of the constituted au thorities of the State or of the United States to enforce the payment of the duties imposed by the said acts . within the same State, and that it is the' duty of the Legislature to pass such laws as may be necessary to ijive full effect to the said Ordinance; And whereas, by the said Ordinance it is further ordained, that in no case of law or equity, decided in the Courts of said State, wherein shall be drawn in question the validity of the said Ordinance, or oi the actsof the Legislature that may be passed to pive it effect, orl of the said laws of the United States, no ap Ar an rill nil .ttvpd in thftSunreme Court ol the ir..:-a Oi.i kii r.i,r nr)v otithe recont xe. )jlllCU OiaUCS, HUl alia." u.ij . frmitted or allowed for that purpose; ;and that any , person attempting to take such nppealhall be pun ched as for a contempt of Court; V And, finally, the said Ordinance rleclares, that the nonnlp nf Smith Carolina will maintain the mid Or- ;iinnnfv nt Averv hazard ; and that thev will consider the passage of any act by Congress abolishing or closing the ports of the said Vtate, or otherwise ob structfn the free ingress or egres3 of vessels to arhl from the said ports, or any other act of the Federal Government to coerce the State, shnt up her ports, destroy or harrass her commerce, or to 'enforce the said acts otherwise than hrough the civil tribunals - of the country, as inconsistent with the longer con tinuance of South Carolina in the Union; and that thc'people of the said State will thenceforth hold themselves absolved from all further obligation to maintainor preserve their political connection with the people of the other States, and wilf forthwith pro ceed to organize a separate Government, and do all other actsfand things which sovereign and indepen dent States may of right do ; ' And whereas, the said Ordinance prescribes to the people of South Carolina a coarse of conduct, i n di rect violation of their duty as Citizens ot the Unite tStates, contrary to the laws of their courifryysuover sivofitsConstiiution, and having for its object t!v -destruction of the Union that Union, winch, coeval with Vir political existence, led our lather;?, without any other ties to unite them than those of patriotism nnd acornmon cause, through a sanguinary struggle tO a glorious independence that sacred Union. iiih ctto inviolate, which, perfected by our happy -.Constitution,1 has brought us. by th favor of Heavfen, to a state of prosperity at home, and -high consideration abroad, rarelv. if ever, equalled in the history of na- iiDns: j To preserve this bond of our political exist nee Wvm destruction, to maintain inviolate', this state of national honor and prosperity, and to justify the con fidence my fellow-citizens have reposed in me, I, An itirw Jackson, President of the U.iited Sfute. have t bought proper to iasue this my PROCLAMATION, stating my views of the Constitution and laws appli cable to the measures adopted bythe Convention of '.South Carolina, and to the reasons they have put forth to sustain them, declaring the course which du ty will require me to pursue, and appealing to the un derstanding and patriotism of the people, warn ti i ni of' the! consequences that must inevitably result from . an observance of the dictates of the Convention. Strict duty would require of me nothing nore t han the exercise of those powers with-which t a n ; now, or may hereafter be invested, for preserving the neaco of the Union and for the execution of t he la ws. But the imposing aspect which opposition has assum ed in this case, by clothing itselt with -state autnorny, and tho deep interest which the people of the United Slates must all feel in preventing a resort to stronger measures, while there is a hope that any thing wijl be yielded to reasoning and remonstrance, perhaps de mand, and will certainly justify a full exposition to South Carolina and the nation, of the views I enter Vain of this imo'rtint'question, as well as a distinct . tUtUrnemtion of th course Which my "sense of duty will require me to pursue. ' , ' Theordinance is founded, not on the-indefeasible fiMlt cf resisting acta which are pla nly . unconstitu tional and too oppressive to be endured ; but on the stranffe position that any one State may not only de- ciare an act.ot.Upngresa void, out pronimt its execu- SUUe will unfortunately fall the evils ol reducing ii to practice. .. , ceeds will be, unconstitutionally employed. II the doctrine a State veto upon uie i i.t- , i yhc Constitution has iriven axoresslv to Congress terminia the sum e States have no other than that which results fromtthe power of changing the Repre 'i. tin Union carries with it ait-ernai evident. tthe nttht of raisins revenue and of de ticatle absurdity, our constitutional history win tijthe pu5iic exigericieg wiU require. Th ..rr. i .,,1, .,nt nrmif that it would nave ien repa- t i ... e ht diated with indignation had it been proposed to form a feature in our Government. In our colonial state, although dependent on another power we very early considered ourselves as connect ed by common interest with each other. Leagues were formed for common defence, an i before the de claration of independence we were known in ourag crretrate character as the united colonics op ameri- r. That decisive and : important step was taken-' jointly. We declared ourselves a nation by a joint, not by several acts; anu wnen tne terms oi our con- sentatives who abuse it, and thus procure redress. -Congress - may undoubtedly abuse this discretionary power, but the same may be said ot others with which they are vested. Yet the discretion must exist some where. The Constitution has given it to the Represen tatives of all the people, checked by the Representatives of the States, and by the Executive power. The South Carolina construction gives it to the Legislature or the Convention of a single State, where neither the people of the different States, nor the States m their separate federation were reduced to form, it was in that of jPcity, nor the Chief Magistrate elected by the peo- Die nave anv reoresenxauon. vv men i ic most L j a sol em- league of several States, by which they agreed that they would collectively form one nation for the purpose of coducting some certain domestic concerns and all foreign relations. In the instrument torminar that union is found an article which declares that u every State shall abide by the. determinations of Congress, on all questions which by that confedera tion should "he submitted to them." Un ler the confederation, then, no State could le gally annul a decision of the Congress, or n-fu- to submit to its execution; but no provision was mi l to enforce these decisions. Congress made requisi tions but thev were not complied with. The Gpv- rnment could not operate on in uvi iuais. i u jy had no judiciary, no means of collecting revenue. not he iie- be cdl- ?ca reel v But the detects ol tlie eoiuederation nee tailed. Under its operation we couw led a nation. We had- neither prosperity at hom nor consideration abroad. This state : of things could not hi endnr d. anil our oresent hani)V Constitution " 7 v II if tl US fita doctrine bv the assembled wis ion of our country as to tike for that conle deration a form of Govern m creet .disposition of the power ? I do not ask you, fellow-citizens, which is the constitutional disposition that instrument speaks a language not to be misunder stood. Bat if you were assembled in general conven tion, "which would you think the safest dispository of this discretionary power in the last resort? Would you add a clause giving it to each of the States, or would you sanction the wise provisions already made by your Constitution? If this should be the result of your deli berations when providing for the future, are you, can vou be ready, -to risk all that w.i hold d ar, to establish, ibr a temporary and a local purpose, that whichyou must acknowledge to be destructive and even, absurb as a ffeiicral provision ? Carry out the consequences of thi3 .right vested in the different States, and you must per ceive that the crisis your conduct presents at this day would recur whenever any law of the United States displeased any of the States, and that we should 3oon ceaso to be a nation. The Ordinance, with the same knowledge of the fu- .. -I f 1 1 C J a. C officers. 1 he people oi an me owira uo uoi voe ior all the members, each State electing only its own repre sentatives. But this creates no material distinction. ,vL p'nnspn. thev are all representatives of the United , I i. . , - . r States not representatives ol tne parucuiar oiaie iran which they come. They are paid by the United States, not by the State ; nor are they accountable to it for any act done in the performance of their legislative func tions, and however they may be in practice, as it is their duty to do, consult and prefer the interests of their par ticular constituents when they come in conflict with any other partial or local interest, yet it. is their first and highest duty, as representatives of the United States, to promote the general good. The Constitution of the United States then forms a government, not a league and whether it be formed by compact between the States, or in any other manner its character is the same. It is a government n wtaeh a the people are represented, which operates directly on the people individually, not upon the States they retained all the power they did not grant. But each State having expressly parted with so many powers as to constitute jointly with the other States a single Na tion, cannot from "that period possess, any right to se cede from, because sue!) secession does not break a lp.aaiie. but destrov the unity of a nation, and any m- ! jury to that unity is not only a breach which would re sult from the contravention ota compact, nut ins an offence against the whole Union. To say that any State may at pleasure secede from the Union, is to say that the United States are not aation, because it would be a solecism to contend that any part of a Na tion might dissolve its connexion with the other parts, to their injury or ruin, without committing any offence. Secession, like any other revolutionary act, may be morally justified by the extremity qf oppression ; but to call it a con sittutio rial right, is confounding me mean in? of terms : and can oiilv be done through gross error, or to deceive those who are willing to assert a right, but Urun, lor their own benefit? Shall there be a fr in one State and onerous duties in anmu.i ? Prt believes t?at any right exists in a sinele vtit 0n oil ua ntt,. ; un.a a I. .- . au?linvn!. ry to engagemei-ts solemnly made. Evrv see that the other States, in self defence irmt ii ai au nazarus. These are Convention. A repeal ot all the acts . J "le - j nue, leaving the Government without the i u port, or ah acquiescence in the dissolution ft Union by the secession of one of it ? ur When the olte 9 Cnnt one m.,.. PP0S2 the alternatives that are presented U ,l A repeal of all the acts for y 01 US fliri.L first was proposed, it was kn. ..ers- could not be listened to for a moment. It i if force was applied to oppose the eippnt; .. nt'rt could countr cute the laws, the State is, by the Ordinance H VXf to be out of the Uion. The majority of a C assembled for the purpose, have dictated thnVentia or rainer mis reiection ol all !rms -, . . . " me mm. ... oi Go. ce was applied to oppose the execution tUt . . . ii j u .. r .i . r. 1 ui v.t. it must ic icpcnt-u io:: inai Uon"rf not, without involving itself in diserace and tK. " m ruin, accede to the proposition : and ytt if t- done in a given day, or if any attempt i8 mad 'S l,Bot was formed, outMormed in vain prevails. It vvaslbnue i lor inij.onant objects that are announced in the preamble, made in the name and by the authority of the people of the Unife I States, whose delegates framed, artd whose con veil tions ipprovi-d it. Tiie most important and among these objects, that whicli is placed first in rank, on which iUI the others rest-, sl "to forma move perfect Union" . Now, is it possible that even ii' there were no express provision giving supremacy to the Consti tution and laws of toe, United States over those of the States canit b conceived, that in 'itstrument made ior the purpose offormino-a nore perfect Union?' titan that of the confederation, could be so constructed snbsti nt de oen lent, for its existence on the local interest, the party spirit ol a State, or of a prevaduiir faction in a State? Ev -v -nan ofplaai, 'rnsotdiisticated un !er- landiug, who hears.theque.shon, will give such an an-. swer us will preserve the Union. Metaphysical sub tlety, in pursuitotan impracticabletheory. could alone have dr vised one ti.iat is caleulated to lestioy it. " I consider, then, the power to tniiul a law of the United Stales, assumed "by one State, INCOMPA TIBLE WITH FHS EXISTENCE OF THE UNION, CO.s fRAOlC T: D EXPRESSLY BY THE LETTER OK THE CONS TIT U FJON, UNAUTHORIZED BY I TS SPIRl T. INCON SiSTENT WITH THE VERY PRI CIPLE )N WHICH I T vV VS eOUNDED, A NO DES TRUONVEOF i'HS : 4 RE' AT OBJECT FOR WiHCH IT A AS FORlED. After this general vie1 w of the- leading principle, we must examine; the particular application of it which is made in tho ordinance. ! The preamble rests its justification vi these grounds: It assumes as a fact, that the obnoxious laws, although they purport to be laws' for raising revenue, were in reality iatended for the protection of manufactures, which purpose it asserts to be unconstitutional that the operation of these laws is unequal ; that the amount raised by them is greater than is required by the wants of the Government; anil, finally, that the proceeds are to be applied to objects unauthorized by the Constitu tion. Thes; are the only causes alleged to justify an open opposition to the laws of the country, and a threat of seceding from the Union, if any attempt should be made I, enforce them. The first virtually acknow ledges, that the law in question was passed under a power expressly given by the Constitution, to lay and collect imposts, but its constitmiooality is drawn in question from the motives of those who passed it. How ever apparent this purpose may be in the present case, nothing can be more dangerous than to admit the po3i- tnw that characterisps a formpr nhifiptinn. tells von that would pause, bifore thev made a revolution or incur the th nrmifids of tho tax will hf; unconstitutionally an- penalties coaseouent on a fai'uro rttliwl Iftliia r-rtiiia Kr n ar-r-rt t i-i eA with Art;iinti' thr RpcJIHSfV t.hft Tin-Oil Was fniMTiedbV COiUPaCt. it is Said obiertion would witli more propriety, be reserved fo- -the parties' to that compact may, when they feel them the law so applying the proceeds, but surely cannot b Selves aggrieved, depart from it: but it is precisely be ured against the Jaws lowing the duty. cause it is a compa.-t that thr-y cannot. . A compact is These are the allegations contained in the Ordinanco. an agreement 'o: binding obligation. It may by its terms Examine them seriously, my fellow citizens, iudgs for have a sanction or penalty for its breach or it may not. you. selves. I appeal to you to determine whether they ; If it contains no sanction, it may be broken with no are so clear, so convincini. as to leave no doubt of their : other consequence than moral eui-t: if it aavaa sane tion, then the breach incurs the uusignated onmplicu penalty. league between independent nations, gene rally, has no sanction other than a moral one; or if it should contain a penalty, as there is io common superi or, it cannot be enforced. A Government, on the con- correctness: anil even it you should com-3 to this coa clusioa, how. far t!iey justify the reckless, destnictiv : course, which you are directed to pursue. Review j these objections, and the conclusions drawn from them, once more. What are they ? livery law, then, for rais ing revenue, according to the South Carolina Ordinance, may be rightfully annulled, unless it be so framed as no law ev r will or can be framed. Congress have a right to pass laws for raising reveau", and each State has a right to opriose their execution two rights directly op posed to each other and yet is this absurdity supposed to oe contained in an instrument drawn tor the express purpose of avoiding collisions between the States and the General Government, by an assembly of the most enlightened statesmen and purest patriots ever embo died for a similar purpose. In vain have these sages declared that Congress shall have power to lay and collect taxes, duties, imposts, and excises in vain have they provid -d that they shall have power to pass laws which shall he necessary and proper to carry thos powers into execution, that those laws and that Constitution sha!l be the "supreme law of 'the land, and that the judges in every State shall be bound thereby, any thing in the Constitution or laws of any Stat;; to the contrary notwithstanding." Ia vain have the people of the several States sol nnly sanc tioned these provisions, made them their paramount law, and individually sworn to support them whenever they were called oa to execute any orfiee. Vain provisions! ineffectual restrictions! vile profanation of oaths! mi serable mockery of legislation ! if a bare majority of the voters in any one State may, on a real or supposed knowledge of the intent with which a law has been passed, declare themselves free from its operation say here it gives too lit.tl there too much, and operates un equallyhere it sufTers-articles to be free that ought to be taxed there. it taxes those that ought to be free in this case the proceeds are intended to be applied to purposes which we do not approve in that the amount raised is more thai), is wanted. Congress, it is true, .ye invested by the Constitution with the right of deciding these questions according to their sound' discretion : Congress is composed of the representatives of all the States, and of all the people of all the States; ut we, part of the people of one State); to whom the Constitution has given no'power on the subjLct, from whom it has expressly taken it away roei who have solemnly agreed that this 'constitution tion that they may do th'i3 consistently with the! tion that an unconstitutional -purpose," -entertained by Constitution that the true eonstruction of that mstru- the mem ers who assent to a law enacted under a con- j 9hall-be our law ice, most of whom have sworn to sup ment permits a State to retain its place in the Union, ; stitutional pow , shall make that law void, for how is! Dort jtwe now abrogate this law and swear, and force -vnrl vt. ha hnnnd hv no other of its laws than those it that purpose to be asce -tamed ? -V ho is to make the . . ... . " 1 T. " . ) T T - x. n Ct r r ntr Kr, jl . ........ . . 1 . C . 1 . . . I . I It 13 true 1 oviutiiij i nun uiiu iiiiijr u.u y i' .m;"3 -. nil otliers to swear, that it shall not be obeyed And we lo this, not because Congress have no right to pass Tim v chomp, to consider as constitutional. they add, that to justify this abrogation of a law, it ; puted in how many cases are they concealed by false j uch law3 .- thig we Jo not allege, but because they have must be palpably. contrary to the Constitution ; but it i&'evident, that to give the right ol resisting laws of professions m how many is no declaration of motive ! parsed them with improper views. They are unconsti tdiat description, coupled with the uncontrolled right to decide what laws deserve that character, is to give t he power of resisting all laws ; for, as by the theory," there is no. appeal, the reasons alleged by the State, good or bad must prevail. If it should be said that public opinion is a sufficient check against the abuse of this jwwer, it may be asked, why it is not deemed a SLifBcient guard against the passage of an unconstitu tional act by Congress. There is, however a restraint iiV this last case, which makes-thi assumed, power of a State morb indefensible, and which 'does not exist ill the other. There are too appeals from an uncon stitutional act, passed by Congress one to the Judr clary, the other to the people and the-States. Then: is no appeal from the State, decision in theory, and ilie practical illustration s!iovs that- the Courts are elqked against an application to review it, both judges nod irtrora bemcr sworn to decide in its favor. But reasoning on this subject is superfluous when our so ..toi mnnr-t in finrcss terms declares that the laws of the United States, its Constitution, and treaties made under it, are the supreme law ot tne lan.i aa ibr crreater caution adds, "that the judges in every in?.Rhftll he bound thereby, anything in the Con stltution or laws of any State to the contrary notwith- A nri ;t miw hi; assertea wituout iear oi refutation ' that no Federative Government could ex ist without a similar provision. Looiv tor-, a moment to the consequence. If South Carolina considers the revenue laws unconstitutional, and has a right to prevent their execution in the port ot Charleston, There would be a clear constitutional objection to their , collection ia every other port, and no revenue could be collected any where; Tor all imposts must be equal. It is no answer to repeat, that an unconstitutional law, is no law, so long as the question of its legality is to be decided by the State itself, for every law operating imperiously upon any local interest will be perhaps thought, and certainly represented, as unconstitu tional, and, as has been shown, there is no appeal. It this doctrine had bee i esfciblised at an earlier day, the Union would have been dQblved In its infancy. The excise law in Pennsylvania, the embargo and non-intercourse law in the eastern States, the car riage tax in Virginia, were all deemed unconstitu tional, and were more unequal in their operation than any of the laws now complained of; but fortunately VnoHeof those States discovered that they had the .right now claimed by South Ca rolina. T he 1 war in to which we were forced, to support the dignity of the nation and the rights of our citizens, might have end ed in defeat and disgrace, instead of victory and hon or if the States who supposed J ruinous and un- made ? , Admit this doctrine, and you give to the StateaU..t;i r, . II J I . A . 1 . I . I 1 ' an u;iui)!iiroiieu r,s,1L ul l'eeiue, a.;m every law may oe rljich we .i : r i i. j x rom tne moiive m uiose who uiisscu mem, ' . I . -.1 . . . 1 C A. t . ' can never wiin rtsritimty tv.uuw Irani ineir annultetl under this pretext, it, therefore, the absurb . un8qUal operation, although it is impossible, from the and dangerous doctrine should be admitted that a State j nature of thmg3j that they should be equal and from may annul an unconstitutional law, or one that it deems tu arr;t;rtnrvWh we nresume mav be made oi their such, it will not apply to the present case. l ne next oojection is, mat tne laws in question ope rate unequally. This objection may be made with t X 1 i 1 1 1 I - 1 ' Arui.ii, io e,ery iaw mai uas oeen or can oe passeu. - gtifcufionalitv 1 he wisdom ot man never yet contrived a system of taxation that, would operate with perfect equality. If the unequal operation of a law makes it unconstitu tional, and if all law of that description may be abro gated bv any State for that cause, then indeed is the Federal Constitution inworthy of the slightest effort for its preservation. We have hitherto relied oh it as the. perpetual bond of our Union. We have received it as the work of the assembled wisdom of the nation; We have trusted to it as to the sheet anchor of our safe ty in the stormy times of conflict with a foreign or do mestic foe. We have looked to it with sacred awe as the palladium of our liberties : and with all the solem nities of religion have pledged to each other our lives and fortunes here, and bur hopes of happiness hereaf ter, m its defence and support. Were we mistaken, my countrymen, in attaching this importance to the position which we presume may proceeds, although that disposition has not. been de clared. This is the plain meaning of the Ordinance in relation to laws which it abrogates tor alleged uncon- But it does not stop there. It repeals. in express terms, an important part of the Constitution itself, and of laws passed to give it effect.,' which have never been alleged to be unconstitutional. The Con stitution declares that the judicical powers of the United States extend to cases arising under the laws of the United States, and that such laws, the Constitution and treaties, shall be paramount to the State Constitutions and laws. The judiciary act prescribes the mode by which '.theasfe may be brought before a court of the United, States by appeal, when a State tribunal shall decide against this provision of the Constitution. The Ordinance declares there shall be appeal makes the State law paramount to the Constitution and laws of the United Stat -s forces judges and jurors to swear that they will disregard their provisions; and even makes it penal in a suitor to attempt relief by appeal. It further declares that it shall not be lawtu! For the au ,T'V!m a -,r Vlry 1 XVas oar d-votion Pid S thorities of the United :Stats or of that State, to en- .. . V..V..H.V, inemrienT r n nev r"n.rriv:inee winen rw.r.nvanre in s nev doctrine" would make it? Did we pledge our selves to the support of an airv nothing, a bubble that must be blown away by th- first breath of disaffection? vVas this se If-destroyins, visionary theorv, the work of the profound statesmen, the exalted patriots, to whom the task of constitutional reform was entrusted ? Did the name of Washington sanction, did the States deli berate y ratify such an anomaly i the history of funda mental legislation ? No. We Wf re not mistaken The letter of this great instrument "is freo from this ra dical fault: its language directly contradicts the impu tation : its spirit its evident intent contradicts it. No we did not err! Our Constitution does not contain the absurdity of giving power to Hake law? and another power to resist them. The sages whose memory will al ways be reverenced, have given usa practical", and as they hoped, a permanent constitutional compart. The Father of his country did not alfix his revered name to so palpable an absurdity Nor did the States, when they sevarally ratified it, do so under the impression that a veto on the laws of the United States was re served to them, or that they could exercise it by impli cation. Search the debates in all their conventions- examine the speeches of the most zealous opposep afT the FVrtera 1 nnthnritv look at the amendmentitharLi were proposed thev are all silent not a syllable ut tered, not a vote" given, not a motion made to correct. the eTnlieit siinrst.mcv rvcn to -the laws of the Union ! c i x those of the States -or to show that implication, grates c force the payment of duties imposed by the revenue laws within itsimits. Here is a law of the United States, not even pretend ed to be unconstitutional, repealed by the authority of a small majority of the voters ot a single State. Here is a provision of the Constitution which is'solemnly abro gated by the same authority. On such expositions and reasonings the Ordinance grounds not only an assertion of the right to annul the laws of which it complains, but to enforce it by a threat of seceding from the Union if any attempt is made to execute them. This right to secede isdeduced from the nature of the Constitution, which they say is a compact between sovereign States, who have preserved their whola sove reignty, and therefore are subject to no superior, that because thev made the compact, . they can break it, ovei when, in their opinion, it has been departed from by the other States. Fallacious as mis course ot reasoning is. it enlists State pride, and finds advocates in the honest prejudices of those who have not studied the nature of our Government sufficiently to see the radical error in WOlch it reata The people of the United States formed the Constitu "h, acting thrmirrb the. Qtnte T.ftoisiatures in makinr : .j. ft" - - . -. . . 1 acting in separate Conventions when thev ratified the provisions : but the j:erms used in its construction, show government in whieh th neonle of all the collectively are represented. We are on p6- trary, .always has a sanction, express or implied; and, in our, case, it i3 both necessarily implied and expressly given. An attempt bv force of arms to destroy a go- vcrament, is an ofikjnce by whatever ineansthe constitu tionaUco.iipact may have been formed, and 3uch govern- meat has the right by the law of seit-detenee, to pass acts for DunishinT the offender, unless that right is modified, restrained, or resumed by the constitutional act. In our system, although it is modified in the case of treason, yet authority is expressly invon t n eass all laws necessarv to carry its' powers into effect, and un der this grant provision has been made for punishing acts winch obstruct th due administration ot the laws It would seem superfluous to add any thing to show the nature of that union which connects us ; but as er roneous opinions on "this subject are the foundation of doctrines the most destructive to our peace, I must give some further developement to my views on this subject No one, fellow citizens, has a a higher reverence rcr tne reserved rights of the States, than the Vlagistrate who now addr -sses vou. No one would make greater per sonai sacimces, or official -xjertions, to aerenu mem from violation ; but equal care must be taken to pre vent on their part an improper interference with, or re sumption of, the rights they have vested in the nation The line has not been so distinctly drawn as to avoid doubts in some cases of tho exercise of power. Men of the best intentions and soundest views may differ in their construction of some parts of the Constitution ; but there are others on which dispassionate reflectioft can leave ho doubt. Of this nature appears to be the assumed right of secession. It rests, as we have seen on the alleged undivided sovereignty of the States," and on their having forme 1 in this sovereign capacity, a com pact which is called the Constitution, from which, be cause they made it. thev have the right to secede, Both of these position are erroneous. and some of the ar guments to prove them so have been Anticipated The States severally have not retained their entire sovereignty. It has been shown that in becoming parts of a nation, not members of a league, they surrendered many of their essential rights ot sovereignty. The righ to make treaties declare war levy taxes exerciss exclusive judicial and legislative powers were alio them functions of sovereign power. The States, then foriall these important purposes, were no longer sove reign. The allegiance of their citizens was transferred in the first instance to the Government of the United States ; they became American citizens, and owed obe dience to the Constitution of the United States, and to laws .made in conformity with the powers it vested in Congress. This last position has not been, and cannot be denied. How then can that State be said to be sovereign and independent whose citizens owe obedi ence to laws not made by it, and whose magistrates are sworn to disregard those laws, when they come in con flict with those passed by another ? What shows con clusiyely that the! States cannot be said to have reserved an undivided sovereignty, is that they expressly ceded the right to punish treason, not treason against thei separate power, but treason against the United States 1 reason is an offence against sovereignty, and sovereign ty must reside with the power to punish it. But the reserved i'ghts of the States are not less sacred because they have for their common interest made the Genera Government the depositorv of these powers. The unity of our political character (as has been shown, for another purpose) commenced with its very existence. Under the roval Government we had no separate character ; oar opposition to its oppression began as united colonies. We were the Unit.d States under the confederation, and the name was per petuated and the Union rendered more perfect by th Federal Constitution. In none of these stages did we consider ourselves in any other light than as forming on nation". Treaties and alliances were made in the name of all; Troops were raised for the joint defence. How then, with all these proofs, that under all changes o our position we had, for designated purposes and with defined powers, created national Governments how is it, that the most perfect of those several modes of union should now be considered as' a mere league thet may De aissoivea ai pleasure i ii is irom an abuse oi terms Compact is used as synonymous with league, although the true term is not employed, because it would at once show.the fallacy of the reasoning.' It would not do to say that our Constitution was only a league, but it is labored to prove it a compact, (which intone sense it is) and then to argue that as a league is a compact every compact uviween nations mustofcoursc be i league, and that from such air engagement every sove reign power nas a right to recede. But it has been shown that in this sense the States are not sovereign ana that even it they were, and the national Constitu tim nan Keen inrmnA K. . 1 . . mj compact, mere would De no right in any one State to exonerate itself from its obli gallons. Ra nhvi Alia ai-o n i . i . -.. ,casuus wmcntoroid ;his secession u,dl ll 13 "pessary only to allude to them. The Union was .ormea ior the benefit of all. It was produced by mutual sacrifices of interests and opinions. Can those saennces oe recalled ? Can the States ; wh uiou.y surrencrered their title to the territories of the west, recai the grant ? Will the inhk-rft.n. r ,land (States agree to pay the duties that may be imposed without their assent by those on the Atlantic or the vernor of the State grievances to a conv the people of South Carolina. It is true tW speaks of the' submi9sion J rcntionof all the St.,t. .t says they " sincerely and anxiously seek anil J - 8 x et this onvious and constitutional mnd r , . the sense of the other States on the construct ng federal compact, and amending it, if necessary h" f been attempted by tho?e who have urged the c7l!9neTer this destructive measure. The State miol) "! posed the-call for a general convention V th Pr States ; and Congress, if a sufficient number nf if" concurred, must nave called it. But the first M of South Carolina, when he expressed a .flslrte r5J, such st have a review by Congress and the functionaries nf A on ral Government of th- merite r.f tU . uenc. - - - - - . . . .1 . 1 Y I I' I ffw.i .- . . . ' "-'wir convention win be accorded to them 1 it a SI Known mai neuner congress nor nnv the General Government has authority to call h' Convention, unless it be 'demanded by two third f in states. This suggestion-then, is another insunr r the reckless inattention to the provisions nf o c uHiini wiLii Mjv.il nr.- ci 1318 nas ne. n madly hur j or of the attempt to persuad.- th- people that a const t"' tional remedy has been sought and refn ir ' , cgislature of South Carolina "anxinnslv General Convention to consider t!eir tnmi.-. . a have they not made application for it in the thev by tho v 'uiioLtiunv.i mviiim uut. x ill" : ! s r i r T I , , , . tl ... " nun inai earnestly scck ii omission. Phis, th -n, i? the position in which we t-.n.i small m ijority of the citizens f one State in I 1111:111 r:l7i olt'.l IlllllF'lln... 4 .. C.. . . ....... '- .nnMitf m oinie conv mat Lonvention nns onkune laws of the Unite I States niu iney are no jonirer a that all the I re: eal .(. A tho nhon; revenue or ili. i meiniv r 0 t'-e rTnin The Governor of that Slate has lecommen, -' to the legislature the raising; of an annv to rn, rv'a; secession into effect, nnd thaf he may h.-empou, red to give clearance to vessels in the name of the Slate No act of violent opposition to the laws has yet bem commuted, but such a state of ihings is liomly annrp- hended, and it is the uitnit of this instrument iL cltiira, not only that the dmy imposed on me l.v tho Constitution to take care that the laws be fiiithtull" execute i," shall be performed to the extent of ihn powers already vesied in me by Saw, or of such others as tne wis;lom oi Congress Bhall devise ami entru.t to me for that purpose, but to warn the 'citizen fit- South Carolina, wiio have been deluded in'mm on- position of th laws of the danger they will incur hv obedience to the illegal and disorganizing Ordinance of the Convention, to exhort those .ho have.efn. ed to support it to pers.-vere in their determination to uphold the Constitution and Jaws of their countrv, ail ! to mint out to all, the Deri ous situation nm which the goo. i people of that St;-ite have been led and that th course they areiirged to pirsue is unn of ruin and dissriace to the vlrv St.it ivhrwe rirrhk they affect to support. T t ellow citizens of ray native Ktate. h t an- not only admonish you, as the first .Magistrate of our common country, not to incur the penalty of its laws, but us the influence that a Father would over his children whom he saw rushing to certain ruin. In that paternal language, with that paternal feeling, let mr t-11 you, my countrymen, that you are deluded by men who are ei ther deceived themselves or wish to deceive you. Mirk under what pretences you have been led on to the brink of insurrection, and treason, on which you stand! First, a diminution of the value of your staple commodity, lowered by over production in other quarter and the consequent diminution of the value of ycur lands, were the sole effect of the tariff laws. . The effect of those laws was confessedly injurious but the evil was greatly exaggerated by the unfounded theory you were taught to believe, that its burthens were in proportion to your exports, not to your con sumption of imported articles. Your prid- was rouifd by the assertion that a submission to those- Taws wan state of vassalage, and that resistance to them vu equal, in patriotic merit, to the opposition our Fathers offered to the oppressive lawa of Great Britain. You were told that this opposition miht be "peaceably might be constitutionally made that you might enjoy all the advantages of the Union and bear none of its bur thens. Eloquent appeals to your passions, to your State pride, to your native courage, to your sense ol real injury, were usod to prepare you for the period when the mask M'hich concealed tlie hidfons fl-aterw of disunion, should be taken ofT. It fell, and you wcro made to look Writh complacency on objects which not long since you would have regarded with horror. Loo1 back to the arts 'wbich have brought you to this state, look forward to' the consequences to which it must in evitably lead! Look bk to what was first told you as an inducement to enter into this dangerous course the great political truth was repeated to you, that you had the revolutionary right of resisting all la's ,hl were palpably unconstitutional and intolerably oppres sive it was added that th right to nullify a law refte on the same principle, but that it was a peaceful renWj ' This character ihich was given to it, made you recefl with too much confidence the assertions that were mi of the unconstitutionality of the law and its oppress effects. Mark, my fellow-citizens, that by theadroissj" of your leaders, the unconstitutionality must be Wfl or it will not justify cither resistance or nulltne"1'0 What is the meaning of the word palpable in the sen in which it is here used? that which is apparent toeve one, that which no man of ordinary intellect will w perceive. Is the unconstitutionality of the laws o description f Let those among your leaders who oflce f proved and advocated the principle protective d answer the question, and let them choose Pf. will be considered as incapabb-, then, of Percc,VI,nm. which must have been apparent to every man - unon tuu n .-ithff a id iu . , .. - . i-mir v - dence. and endeavouring to mislead you now- l r : j tU.. rorilnus PJ v.u.d, mcjf tiic usisaie uiues in m i tact, urge you to tread. Ponder well on this c,rcUina',(T(Jf and you will know how to appreciate the fiare a. i i r . v. hi iea lanffuasre mev aaaress io uu. -j RfTolO , ,.r.b COB' tionarv Fathers, nor are vou an opprcww piF ' , lflSl WOloi champions of liberty emulating the fame of our and hnppf tending, as they repeat to you, agai mat vasalagc. "VM-i tiro f rrta tnomtiora rC n flnnnshhlg M. W . I,. Ill' 1 1 1 1 'V. 1 ' . tt: ti . - .i: tn nPDrPSs ; ui;iuii. i acru i nu tiiieti ni'S" ft he l'ivr5 You have indeed felt the unequal ojv ration ol in wlrch may have been unwisely, not uik-" . ally passed; but that inequ dity must -ce removed. At the very moment when yoi,-w? - ..ll 11,1 f v - ly urged on to the un ortunate.couis nrtj gun, a cnange ui punnc opuuun u - hjfileW The nearly anprcachin payment of the pu and tne consequent necessity oi ay,i' ' : .i1( ties, had already produced a consi.Ur I and that too on som- articles of gener d consi , r in vour State. The importance of thisc'ngf . w derstood, and you were authoritatively ioi when the con- itioii of tm y , .i r i it Ol -..,K-.. ilovi'-i r5nn nf vnnr hnrthpns wasteber- lUllliri (iiirtiuwi.-.i at the very time imperiously demanded such a modification ties as snouni reuuee uieu iu,i jw - lx Rut- ncs il nnnrhensive oi tne en1 I U aim u.. l v L I
Newbern Sentinel (New Bern, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Dec. 24, 1832, edition 1
2
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