)'
. .i Mnr;ntT7 tVion nrhitrh p Vista as tO. the du-
and sweep away, at once, and without exception t- ve ordinance ana of the enactments tor en-
K aStaiMleve? part of every ract impcwn lluty ot the ex-
SoSnt WhateYer of duty on any foreign merchand forcing .
Sid, virtually, every existing nue, gard to all the great interests con nutted hisare
hyen passed authorizing the wgon law fo trealfhose acts a, allute and unlimited 1 hey
including the act rf W.SS never been are so, as far as his agency is concerned. He ca"
6h7,theconstifat lead to lhe performance ol ,U
ttohed. It , is not conditions. He has already C
duaUhd berosd offence ugainst the
7 w At et up. in justification of hia act, a
not
liiwa, lie tuuiu . ,
i F - Cfoto WnlCIl UCIIJ" UUbUUBUlUUUuai. "
law ui - . , . -j -ru ..f
charged to have been wj ' led, but all others, in his power, by the recommendauons m
fnanufactares that are Je merely, and message. The rest is with Congress and the p
though laid for the , porpo-e of rew q An g fVand act under
Upon acleam nadejreeaa.pe c , i?
Xtwn- .roUna is obstructed
... -..-iinfi ia obstructed ana uvci-
tgj States in gSnent is absolutely prohibited
thrown ; tne fioe f revenue within
- mff?hyStoS. Henceforth not only the
cftzens of South Carolina and of the United States,
S2??! 2,SSh of foreign States may import any
KtoS quantity of merchandize into the ports
7"ri Jta withont the oavmeht of any duty
them according to hi nig thrPfore. th- State
By these various PJ"f A " General Govern
of South Carolina - the new and danger
ment, unavouiao, ; - gtate lQ ob?truct lhe
misalign"-- -. .thin its limits, or seeing it at
eXcr"n"L,X threat of withdrawing tVom the
tempi iu nf thP. tKn e at uresent exerci-
hflfoever. That State is tnus retievcu
payment of any part of the pubUc rtn?r
V,tl. 1 -a :J nro notAnlv rendered not unitoim
Sghout tnTu." Stte,, but a direct and ru.uous
VosreSnee is, given to the llon n rnanl-
Ihnse of all' the other States ot the Union, in man
ffeSt violation of the positive provisions of the Con.ti
point of duration,
tfie authority of Congress, which , P Cfir!
amadepartofthe iundame
. oUim,areabso ute,maeluur,n - wheU they
They neitner n t
, J in-iiMtn anv conditions
tflSM cease, .tpn to ..r.est the opera-
ire to rt
mi ; .
their measures. 1 "ky .
as
1 .
those who have tnus u and re;eind
Hon ot tne law-, -- ; Pitn the tt. iu d States no
Ull' " m . I
snt.mission. 11 tne
alternative but unconditional
eTo ' the (Ordinance is to be received as the scale
IfflSfflenianda can be satined only by
venue laws, anr.
L 1 r,c (Kp whole evstem ot re
KyTSning fem the collation of any duUe. u,
T.i i a.L Wiho Hnnventionol South Carolina,
the State, in relation to the protecting Btem they
2y, that - it remains for us to submit a plan ot taxa
Sn in 'which we would be willing to acquiesce n
a liberal spirit of concession, provided wm
due time and in a becoming spirit by the State, m
tested in manufactures." In the opinio 1 1 ot -the
Convention, an equitable p an would be , tl a the
whole list of protected articles should be impoiteu
fSe of all duty, and that the revenue derived from
TJl .wiSallbe raised exclusively from the un-
ed'article, or that whenever a
iioon protected articles imported, an exue uuiy 01
Z same rate shall be impol upon ai
tides manufactured in the United States The a
flresa proceeds to state, however, that they arc wu
W to make a large offering to preserve the Union,
4& wiSTa dtetinct declaration that as concession 011
mvZ we will consent that the same ra e o du y
mv brnnposed upon the protected arcleB hat &hail
StaSiTuponSe unprotected, provided tha ...
be imposeu uj r necessary to meet the
Snandi of " ernment for constitutional pur. s,
fSTIoko that a duty substantially unitorm
1
ana
arid provided also that a duty
rm posed upon
It ia also true
be hnpoaed upon all foreign ivpov. a
,re when u g7n? the necessity olprovid'uiR-n.oan,
' burins theirlfety by nmpl. resoarceB tar Me
,V u Vi ( 4ovnrnor ol boutli OaroliUt
t Jingiorceuy iui, ... . ml rairn
nWrved that he- "cannot out ui t ,
Id daonate review by Congress and the lunc
SnarX of the General Government, of the true
S rfVhia controversy, the arbrtrat on by a call
of L Convention of all lhe States, which we sin
f cl'rely and anxiously seek and desire, will be accord-
1 jj.MKitv of the terms indicated in these
1-. tonf rWnments. taken in connection wrth
the Progress of recent events in that quarter, there is
tboLSn reason to apprehend without in any man
n7r ilnnhtinn- the intentions of those public timet ion-
' xL.i (Ko torma rvmiHiiPi in the adiress
orthe Convention, nor those alluded to id the Message
of the Goveronor, would appease the excitement
which has led to the present ex-esses., it is odvious,
liftwever, that should the latter be insisted on, they
ayeaofit an alternative which the General Govern
mBnt, of itself, can by no possibility grant ; since, by
vill express provision in the Constitution, Congress
can cU a Convention for the purpose ot proposing
amendments, only "on the application of the Iegis
latdres of two-thirda-ofthe States." And it ia not per
cerved tiiat the terr-3 presented in the Address are
more practicable than those referred to in the Message.
It will not escape attention that the coivutiona on
nVliir-.li it ia anid ill the Address of the Convention
.-k,r hp willino- to acauiesice." form no part of
ilt Opdinnc. While this Ordinance bears all the
aAlomniiv nf a fundamental lavv. is to be authon
tsiivR nnon all ivithin the limits ot houth Uoronna,
ajid is absolute and unconstitutional in its terms, the
&ddresa conveyaonly the sentiments of the Convt-n-.ffQn,
in no binding or practical form. One is the act
of the State ; the other only the expression of the o
jVinions of the member of the Convention. To limit
the effect of that solemn act, by any terms or condi
lions whatever, they should be embodied in it am
rrv,irt nf immrt. no leas authoritative than the act it-
self. By the positive enactments 01 the Ordinance
iixe'execution of the laws' of the t'liiou is absolutely
prohibited, and the Addresi offers no other prospect
- of their being again restored, even in the modified
Itfrm nroDOseTi. ttian what depends upon the improba
ble contingency that amid changing events and in
qfaasirj. excitement, the sentiments of the present
jzyembers of the Convention and of their successors
will remain the same.
ft is to be regretted, however, that these conditions,
'-even if they haa been offered in the same bindi g
fdrtn, are eo undefined, depend upon so many contin
gencies, are so directly opposed to the known opinions
and interests of the great body of t lie American peo
fn Ko almnat. honeless ot atuunment. l ne ma-
Wtv of the States and of the people will certainly
not consent tnai ine pruicoiius muhw-... - j,
ii ill uuy iuiuil: iiutuui
As little practicable is
same rate of duty shall be im-
. -:n f the ieonle at present
Uni0!l- .Lhoritv of the State solemnly assert their
-mgi"" ;7La and as solemnlv announce
If determinS' if do one or the other.
thPT'r l;nion both purposes are to be regarded
.. ..LLv in their character and tendency, am
ibversive ohhc supremacy of the laws and ol th
: rrit v of the Union. The result of each is the same
since a State in wnicu, uy an . ,.-
the constitutional authority of the Federal .vern-!U-nt
is openly defied and set aside, wants only the
form, to be independent ot the U niom
The risht of the people of a single State to abso.ve
themselves at will, and without the consent ot the othe r
Stat-; from their most solemn obligations, and hazard
thn liberties and happmess of the millions composing
V,;n TTmnn. rannot br acknoMieogeu. ouiu
mio ...x,.., - . .
is believed to bo utterly repugnant doui to u.c
KiV, thR ocneral ffovei rimcnt is constituted, a
to the obiects wmcn u was cai-j
- Against all acts which may be alleged to transcend
the cWtitutional power of G overtime at, or which may
be inconvenient or oppressive in their operation tlv
Constitution itself has prescribed the modes of redress.
It is the acknowledged attribute of free mstitnt.ons,
that, under them, the empire ofroason anw
stituted for the power ot tne sworn. u . -
can appeals for supposed wrongs be made connstently
with the obligations of South Carolina ; to no other can
rchappeaUbo made with safety at any time; and to
their decisions, when constitutionally pronounced, it
becomes be du'ty no less of the public authorities than
of the people, in every case, to yield a patriotic submis
That a State, or any other great portion of the peo
ple suffering under long and intolerable oppression and
LJina fried all constitutional remedies without the hope
of redress, may have a natural right, when their happi-nr-sscan
be no otherwise secured, and when they can do
so without greater injury to others, to absolve themselves
Prom their obligation to the Government, aim iu
the last resort, neeas not, on uie picscn
denied. ... j ,1
The existence of this right, however, tnus uP:.u
upon causes which may justify its exercise. 11 is im.
ultima ratio; which presupposes im.u t.. .. r
neals to all other means ot redress have ieen moue in
gootl faith, and vvnicn can ukvui y- x..y
to unless it be unavoidable, u is noi iu i.S h
' i . . 1- ,ir..:,i..l anr) rf all thn individuals
State, but 01 me muivmua., .
: u t.tI. It i the riffht of mankind, generally, to
III 1,117 a j i,t. - " c ; 11 "
thp'ir nnwer. the biessinns ol
secure, oy tu muana m r ---7
r.kt'H hnnninfiss: but when, for these purpose
any body of men have voluntarily associated themselves'
under a particular form of government, no portion of
them can dissolve the association without acknowletb
;,,r, thp f.rrftlativc riiht in the remainder to decide
whether that dissolution can be permitted, consistently
with the general happiness. In this view, it is a right
d pendent upon the power to enforce it. Such a right,
though it may be admitted to pre-exist, and cannot be
wholly surrendered, is necessarily subjected to limita
tions in all free governments, and in compacts of all
kinds freely and voluntarily entered into, and in which
the interest and welfare ot the individual Decomes iu' ci
tified with those of the community of which he is a mem
ber. In compacts between individuals, however deeply
they may aff ct their relations, these principles are ac
knowledged to create a sacred obligation ; and, in com
pacts of civil governments, involving the liberties and
happiness of millions of mankind, the obligation cannot
b eless. ...
Without adverting to the particular theories to which
the federal compact has-given rise both as to us iorma-
tion and the parties to it, and without inquiring whe
ther it be merely federal, or social, or national, it is
offi.0r,t tKnt it miiar hp. admitted to be a compact, ana
ouiuviviii.
rded as null and void. 1 he law ot a
State cannot authorize the commission of a crime against
the United States, or any other act which according
to the supreme law of the Union would be otherwise
unlawful. And it is equally ciear, mat, n ;
-nv rase in which a State, as such, is affected by
the law beyond the scope of judicial power, the remedy j
consists in appeals to the people either to pnect a cuaugv, ,
in the representation, or to procure reliei Dy an amei u
ment of the Constitution. But the measures ot the go
vernment are to be recognized as valid, and consequently
reme- until these remedies shall have been ettectuany
tried: and any attempt to subvert those measure u. w
render the laws subordinate to State authority, ana auer-
wards to resort to constitutional r dress, is worse man
evasive. It would not be a proper resistance to a gove j h-
ment of unlimited power V'-as has been someumes Fie-
ll'UUCU.UUl uinnniuvr, . ,
on which the harmonious action of the Government and
all its parts, absolutely depends. Soumoarouna
--ia K r.ft'r remedies, but. m effect, has detaed
tlv m all. VV hde threatening to separate from the Union
u anv nttP,nnt be made to enforce the revenue lawsotner
wise t an through the civil tribunals of the country, atie
u. u, nt annealed in her own name to those tn-
bunals which the Constitution has provided for all casts
that owina a misdemeanor and liable to he
eCSie 'ooputar excitement in the fetate, and the effect of less than one thousand nor more than five thousand dol
thrdinaQce, declaring the execution of the revenue lars, and to imprisonment not exceeding two years no
1 unlawful, a sumcient numoer ot persons in wuom less man uu lor even attempting to
n miirhtbe placed, could not be induced to ac- cute tne o.uers 01 me coun lor retaKing tilC
the marshal and all assisting would bt
nor
s I'rope.-ty
CUlltv ni'
demeanor and be liable to a fine of not kss than th
thousand dollars, nor more than ten thousand and
imnrtOAnmPII
' nat0
iui(iioviiui-ii e j & mil n-gg L
hditv of success, the force which will no doubt be used
whenr an attempt is made to remove vessels and car
r tua onstodv of the onicers of the Customs,
S , i , 1 , ; ould be impracticable for the Col- one; and in case the goods should be ittak
and inue ,,U, nrinannAtnra whi-vm ' a..n-kfo i ia malo tYkO hanlntf . . .. 'Qer
e authorised to employ, to preserve the cua- to retake them. tllff
todviainst such an attempt. j t is not to oe supposeo, tnai in tne ,aee of lhf Se
louy a.g tUa pnetmn House from Charleston! nalties. aided bv the powerful force of the
Tnp removal 01 mc jusvim - , -- vim hik
Castle Pmckney, was deemed a measure ot necessa- t would doubtless be brought to sustain the btatt o&eer
and thouifh Uie auiuuiu; w .. eiuiri mat, me coiicctui icmm ui
to Castle
ry precauuu, . . pth,,eas aDDarent. firt instancp nr that the marshal Cnnhl c.
rfirprtion is not quesuoucu, n, , i ' . ""uunon suffi
1 . J . ' 1 . , .. nn1 laffS
in law or equity arising under tne wousu .uu
of the United States, but has endeavored to lrustrate
ti..,;. n.r action on her citizens by drawing the cog
nizance of cases under the revenue laws 10 her own tn
u..i o;oll nronared and fitted tor the purpose ot
enforcing the acts passed by the State to obstruct those
hth Judges and mrors of which will be
bound by the import of oaths previously taken to treat
the onstitution and laws of the United States in this
oo .,ilitv. Nor has the State made the pro-
res ;cn w " " j . 1.. f
1 t n.mlie onimon and to the remedy ot
per aiiuu r , .1 l,
Lp Lnt. For, without waiting to learn whether the
I other States will consent to a Conv ntion, or it tnyy u
will construe or amend the ( constitution to suiv
1 1 - .u..;,r niti-n1 tin imna
views, sue nas 01 uer own auuiuutj an.v, r
of that instrument, and given immediate effect to the
change. In fine, sh has set her own will and authority
above the laws, has made herself arbiter in her own
case, and has passed at once over all intermediate steps
to measures of avowed resistance, which, unless they
be submitted to, can be enforced only by the swora.
In deciding upon the course which a high sense of
duty to all the people of the United States imposes upon
the authorities of the Union, in this emergency, it can
not be overlooked that there is no sumcient cause for
i, r.ta offtouth-Caiohna. or for her thus placing in
i-opardy the happiness of so many millions of people,
.lisrule and oppression, to warrant the disruption ol
:..: annnt he. observed, in
that r a Simiiai . , pnllfnrt each of nthpr nrnfa nf tlifi fftiirt.
gard tathe ports o rpma;ns a D-rt of entry, It is moreover obvious that in
which, under the present laws,
ndT exposed to tne
e cunt!- .. '
J n liie
or
this conflif f
obstructions meditated in mat, me powers 01 ineomce.soi me united states f
! thP Nfntu I nnh aa Thf airpr hp nneaivn ., u
customs would be exposed, the commission of t
inlinin n'n1 thr incn rf livfa n'ntilil i . luaJ
tne otaie 1 unless me lauer oe passive v i,h.v ... .
quarter. moQrio f avnidins or of pre- t the destruction to which the property of thpnin , . )
In considenng me ucai. r- (l - r - r rM,,soi th,,
1 1 1 a . tHr 1 hi 1 it til ua
ventmff the apprehended obsirucuou w w
eiivi"g mc ,u;k mnv ensue. It
. ,1 nAnapniiHTii r niuvu " i
tne revenue auu 1. .. V.,-ki thp
Oil'- --
sels
are
and necessary
officers of the customs to preserve the custody of ves
j?h-ir nnronw. which by the existing taws they
ana tneir uargc, ,J . , P i;KI
required to take, until the dutiesto wmcn
.All he naid or secured. The mode ny wmcu .t .
able.
avoiJ.
Under these circumstances, and the
cargoes, wmcn uy
Ull K.i
. . thP,,, of that custody is the pro-
leinpiuieu iu - ,
cess of replevin and that of capias in Mram
natiire ot a distress from the state tribunals organized
Atfainst the proceeding in the nature of a distress it
is not perceived that the collector can interpose any
resistance whatever; and against the process of reple
vin iauthorized by the law of the State, he ; having no
common law power, can only oppose suca inspectors
fie is by statute authorized, and may had it practica
ble, employ ; and these from the information already
adverted to are shewn to be wholly inadeciuate. i he
r-spect which that process deserves must therefore be
su
mos
who
the free institutions ot the union 01 tnese oiaies,
beneatand lasting, defying all other remedy. For
causes of minor character, the Government could not
binit to such a catastrophe, without a violation 01 iu,
ast sacred obligations to the other States of the Union,
have submitted their destiny to its hands.
Th...-P . in t-u! nresent instance, no such cause eitnei
in the degree of misrule or oppression complained of, or
m the hopelessness ot redress by constitutional means,
l he long sanction they have received from the proper
authorities and from tiie people, not less than the un
exampled growth and increasing prosperity of so man
millions of freemen, attest that no such oppression as
would justify, or even palliate such a resort, ean be
justly imputed either to the present policy or past
measures ot the Federal Government. i n same mode
of collecting duties and for the same general objects,
te.h hean with the foundation ot the vaoveiuuieiu,
w
subse-
to possess the obligations incident to a compact ; to
be a compact by which' power is created on the one
. " - . .1
hand, and obedience . xacted on the otner ; a compac
freelv, voluntarily, and solemnly entered into by the se-
veral States and ratihed by the people tnereoi reape
. -i.t
tivelv : a compact bv which the several states and tne
people thereof respectively have bound themselves to
each other and to the federa! government, and by which
the federal government is bound to the several States
and to every citizen of the United States. To this com
pact, in whatever mode it may have been done, the
people of South Carolina have freely and voluntarily
given their assent; and to the whole and every part
of it they are. upon every principle ot good faith, invio
lably bound. Under this obligation, they are bound,
and should be required, to contribute their portion of the
public expense, and to submit to all laws made by the
common consent, in pursuance of the Constitution, for
the common defence and general welfare, until they can
be changed in the mode which the compact has provided
for the attainment fo those great ends 01 the Lrovern
ment and of the Union. Nothing less than causes which
would justify revolutionary remedy can absolve the peo
ple from this obligation ; and for nothing less can the
Government permit it to be done without violating its
own obligation : oy wmcn, unaer tne compact, it is
bound to- the other States and to every citizen of the
United States.
These deductions plainly flow from the nature
the federal compact, which is one of limitations, not
nly upon the powers originally posscsed by the parties
thereto, but also upon those conferred on the Govern
ment and every department thereof. It will be freely
conceded, that by the principles of our system, all pow
er is vestrd in the people but to be exercised in f !
mode, and subject to the checks which the people them
selves have prescribed. These checks are, undoubtedly,
only different modifications of the same great popular
principle which lies at the foundation of the whole, but
are not, on that account, to be less regarded or less
obligatory.
tjpon the power of Congress, the veto of the Execu-
and the authoritv of tho Judieiarv which is " to
tlV
. 1 1 1 4- I n,.ntKir il rM KTll it"
i whicn m.i 4 ffiiii 1 1 1 f i.t-Tt 1 .it: Ltiuuii v 1111 w i
que nt steps to its present enviable condition of happi
ness and renown, has not been changed. Taxation and
r presentation the great principle of the American
devolution have continually gone hand in hand ;
and at all times and in every instance, no tax of any
kind has been imposed without the participation and
in some instances winch have been complained of, with
t .e express assent of a part, of the Representatives of
outh-Carohna in the councils of the Government.
Op to tne present peiiou, no ictchuo
beyond the necessary wants of the country, and the au
thorized expe'nditun s of tne Government. And as soon
as the burthen of the pubhek debt is removed, those
charged, with the administration have promptly recom
mended a corresponding reduction 01 revenue.
That thi3 system, thus pursued, has resuiteti in no
such oppression upon South-Carolina, needs no other
proof than the solemn and omciai aeciaranon 01 me
ate Chief Magistrate of that State, in his address to the
Legislature. In that he says, that "the occurrences 91
the past year, in connection with our domestic concerns,
are to be reviewed with a sentiment 01 lervent grauiuue
to the great dispo-er of human events ; that tributes of
grateful acknowledgements are due for the various and
multiplied blessings he has been pieasea to Destow on
our people ; that abundant harvests in every quarter of
the State have crowned the exertions of agricultural
labor ; that health, almost beyond lormer precedent, nas
biessed our homes ; and that there is not less reason
for thankfulness in surveying oursocial condition."
It would, indeed, be difficult to imagine oppression,
where in the social condition ot a people, tnere was
equal cause of thankfulness as for abundant harvests
and various and multiplied blessings with which a kind
Providence had favored them.
Independently of these considerations, it will not es
caDe observation, that Soilth-Carolina still claims to be
a component part of the Union, and to participate in the
national councils, and to share in the publick benefits
without contributing to the publick burthens ; thus as
serting the dangerous anomaly of continuing in an as
sociation without acknowledging any other obligation
to its laws than what depends upon her own will.
In this posture of affairs, the duty of the Government
seems to be plain : it inculcates a recognition of that
State as a member of the Union, and subject to its au
thority, a vindication of the just power of the Constitu-,
tion, the preservation of the integrity of the Union, and
the execution of the laws by all constitutional means.
The Constitution, which his oath of office obliges him
to support, declares that the Executive " shall take care
that the laics be faithfully executed," and, in providing
that lie shall, from time to time, give to Congress infor
mation of the state of the Union, and recommend to
their consideration such measures as he shall judge
necessary and expedie.it, imposes the additional obliga
tion of recommending to Congress such more efficient
provision for executing the laws as may from time to
time be found requisite.
The same instrument confers on Congress the power
not merely to lay and collect taxes, duties, imposts and
excises ; to pay the debts and provide for the common
defence and general welfare ; but " to make all .laws
which shall be necessary and proper for carrying into
effect the foregoing powers, and all other powers vested
by the Constitution in the Government of the United
.States5 or in any department or office thereof;" and also
ko provide for calling forth the militia for executing the
laws of the Union. In all cases similar 1,0 the present,
the duties of the Government become the measure of its
powers ; and whenever 11 laws w eieri a power neces
sary and proper to the discharge of the duty prescribed
by the Constitution, it violates the publick trust not less
1 1
tonsidered. , , , , .
If the authorities of South-Carolina had not obstruct
ed the legitimate action of the Courts of the United
tales, or if they had permitted the State tribunals to
administer the law according to their oath under the
Constitution, and the regulations of the laws ot the
Union, the general government might have been con
tent to look to them for maintaining tne cusiouy, a.iu tu
encounter the other inconveniences arising out ol tne
recent proceedings. Even in that case, however, the
process of replevin from th Courts ol the State would
be irrecrula. and unauthorized. It has been decided oy
the! Supreme Court of the United fetates, that the Courts
of the United States have exclusive jurisdiction of all
seizures made on land or water for a breach of the laws
of the United States j ami any intervention of a Mata
authority, which, by taking the thing seized out ot the
hands of the United States' otticer, migni ouhiruet m.
exercise of this jurisdiction, is unlawful: that in sucn
cake the Court of the United States having cognizance
of the" seizure may enfthxe a re-delivery of the thing by
attachment or other summary process ; that the question
under such a seizure, whether a forfeiture has been ac
tuallv incurred, belongs exclusively to the Coutts of the
c nited States, and it depends on the final decree
whether the seizure is to be deemed rigt ul or tortious ;
and that not until tho seizure be finally judged wrong
ful and without probable cause by the Com ts ol the
United States, can the party proceed at common law
-. 1 1 t"1 i A. J A
lor damages in uie oiaie uourw.
"But by making it "unlawful for any of the constitu
ted", tuthorities. whether ol the United States or of the
e ProVlSlnna C l
acts of South Carolina, the execution oi the aw.
rendered impracticable, even through the ordinary 'h
cial tribunals of the United States. There wouV
ln!n.i K rntffnv A I CPl 111 it!.!.-. nwA Innn . CCf,
lallliv ut iciui uiuivuiuca aim i;5a opportunity of
ii' : 1. ... ... U r; r i. . n .
collision utiwcru uit; uiiiulis ui lilt- nilt'u Mil.
of the State, and the collection of the revenue w M
be more effectually secured if indeed it can u 1
ill any uuxci uj u; v;usuoiri-noU''t h;.
the immediate pow r 01 tne county
For this purpose., it might -he
tl,o u'hnnnvor hv nnv lvi nuln u;
struction in any estate, or in any port, it shotrld be"
come impracticable faithfully to collect the duties th
President of the United Stati s should be aut;,0'rilj
to alter and abolish such of the districts and pons of
entry as should be necessary, and to establish tho cus
tom-nouse at some secu.i piace wiunn the samp
or harbour 01 sucn csiaie, anu m sucn
he the duty of the collector to r: sid
s and
vould
deno
Proper to nrovi(!p
State, to enforce the laws for the payment of duties, and
declaring that all judicial proceedings which shail be
hereafter had in affirmance of contracts made with pur
pose to secure the duties imposed by the said acts, are
and shall be held utterly null and void," she has in ef
fect abrogated the judicial tribunals witnin her limits
in this respect has virtually denied the United States
accoss to tho courts established by their own laws, and
declared it unlawful for the Judges to discharge those
Mutie3 which they are sw.rn to perform. In lieu ot
these, she has substituted those States tribunals already
adverted to, the Judaes whereof are not merely for
bidden to allow an appeal or permit a copy of their, re
cord, but are prcvioV.sly sworn to disregard the iaws of
the- Union, and enforce those only of .outh Carolina ;
and, thus deprived ol the function essential to the ju
dicial character, of inquiring into the validity of the
law and the right of the matt, r, become merely minis
terial instruments in aid of the concerted obstruction of
the laws of the Union.
Neither the process nor authority of these tribunals,
thus constituted, can be respected consistently With the
supremacy of the laws or the rights and security of the
citizen. It they be submitted to, tne protection oue
from the GrOvernment to its officers and citizens is with
held, and there is at once an end not only to the laws
but to the Union itself.
Against such a force as the Sheriff may, and which,
by the replevin act of South Carolina, it is his duty to
exercise, it cannot be expected that a collector can re
tain his custody with the aid of the inspectors. In such
case, it is true, it would be competent to institute suits
in the United States Courts against those, engaged in
the unlawful proceeding; or the property might be
seized "for a violation of the revenue laws, and being
libelled in the proper courts, an order might be made
for its re-delivery, which would be committed to the
Marshal for execution. But in that case the 4th section
of the act. in broad and unqualified terms, makes it the
duty of the Sheriff "to prevent such recapture or sei
zure, or to re-dehver the goods, as the case may he,"
even " under any process, order or decrees, or other
pretext contrary to the true intent and meaning of the
Ordinance aforesaid." It is thus made the duty of the
Sheriff to oppose the process of the Courts of the Uni
ted States, and for that purpose, if need be, to employ
the whole power of the county: and the act expressly
reserves to him all power, which, independently of its
Port
eao-s. it Kr..u
at such Dlaon
to detain all vessels and cargoes until the duties impo.
sed by law be properly secv.n-d, or paid in cash de
ducting interest; that in such cases it should be unlaw,
ful to take the vessel and cargo from th c ustody of the
proper officer of the customs, unless !.y process from
the ordinary judicial tri -una s of the United Mates arid
that in case of any attempt otherwise to take the pro.
perty by a torce too great to b overcome by the officers
of the customs, it should be lawful to protect the pog.
session of the officers by the employment of the land
and naval forces and militia, under provisions similar u
those authorized by the 11th section of the act of the
9th of January, 1809.
This provision, however, will not shield the officers
and citizens of the Unit d States acting u-ider the laws
from suits and prosecutions in the t loutials of the Mate
which might thereafter be brought agajnst tlurn nor
would it protect their property from the proceeding by
distress: and it may well be apprehended that it would
be inefficient to insure a proper respect to the process
of the constitutional tribunals in prosecutions foi otitn
ces against the United States, and to protect thr authc
rities of the United States: whethci judicial 01 mini
terial, in the peiformance of their duty, it would
moreover, be inadequate to extend the protection due
trom the government to that po. tion of the people cf
S uth Carolina against outrage and oppression ol anv
kind, who may manifest their attachment and yield
obedience to the laws of the Union.
It may therefore be desirable to revive, with gome
modifications better adapted to the occasion, the ftth
section of the Act of the 3d of March, lSlj, which ex
pired on the 4th of March, 1817, by the limitation of
that of 27th of April, IS 16, and to provide that in anv
case where suit shall be brought against any individual
in the Courts of the State for any act done Undr the
laws of the United States, he should be authorized to
remove the said cause by petition into the Circuit Court
ol the United States, without any copy of the record,
and that the Court should proceed to hear and deter
mine the same as if it had b''o:i originally instituted
therein ; and that in all cases of injuries to tiie pcrso'i't
or property of individuals acting under the laws nf tlio
United States for disobedience to the ordinance &mi
laws of South Carolina in performance thereof, rtdnps
may be sought in the Courts of the United ttate.
It may be expedient, also, by modifying the resolu
tion of the 3d March, 1791, to authorize the Marsliils
to make the necessary provision for the safe keeping of
prisoners committed under: the authority of the Lnited
States.
Provisions less than these, consisting as they do for
the most part, rather of a revival of the policy oi former
extend to all cases in law and equity arising under the
Constitution and laws of the United States, made in
pursuance thereof," are the obvious checks; and the
sound action of public opinion, with the ultimate power
of amendment, are the salutary and only limitations up
on the powers of the whole.
However it may be alleged tht nnMmn nf th
compact by the measures of thn aAVPmmont r. ffVr.t 1 . u a:- i;;
tUa Klirrmtina sf U , .. & Xnan 11 WOUIU in irailCCUUiii t" 'f ' A o ft-
tdT rtdk. ,'?t r?. I"8"- lin, therefore, from the h.gh and solemn duties ,huB
utrorate(!, never tobe re-enacted at uny luture ti
ul any possioie couimj
;.io that thp. "same
aOSBtl upon the protected articles that shall be im posed
imonthrunDrotected;" which,-moreover would be
severely oppressive to the poor, and in time ot war,
would add ireatly to its rigors. And, though there
caii be no objection to the princip e, properly under
4Sod, that no more revenue shall be raised than is
necessary for the constitutional purposes ot the Oover
ltment, which principle has been already recom
mended by the executive as the true basis of taxa
tion, yet it is very certain that South Carolina
wUcno cannot be permitted to decide what those
c&hstitutional purposes are.
The period which constitute the due time which in
tire terms proposed in the address are to be accepted
would seem to present scarcely less difficulty than the
terms themselves. T hough the revenue laws are al
ready declared to be void m South Carolina, as well
aS the bonds taken under them and the judi
cial proceedings tor carrying them into effect, yet, as
the lull action and operation ol the Ordinance are to
1x8 suspended until the first of February, the interval
may be assumed as the time within which ir ,t
ed that the most complicate port ran nf ih . ...nnA,itn intomnsiiKT hr tK penalties and forfeitures for their enforcement, are par
legislation, a system ot longstanding nn,i oAr,.;. -L.. r .hnwpvpr oo- ocularly detailed and explained. It may be well ap-
. ' . ".i . . . -r- uucunuir aiainsi uiem. u y tnun niw-iiui'-f.) "" 1 .o.,,- r.rij , . , . . - , - :
A !nAwAnfa in thp fnmmnnirxr i 1 J . . I t MifURnnpH that thAaa nmricmna maw r.i.fi inaHpnnatA
" '."t1 suc an opens powerful, organized opposition
as is to be commencef alter the 1st of February next.
subsequently to the date of those instructions and
ttf the passa of the Ordnwoce, hrfbrnxntfoii has been
------- . wC prcaicated ot those mea
sures unui ail tne constitutional remedies shall have
been fully tried. If the Federal Government exercise
powers not warranted by the Constitution, and imme
diately afTectmg individuals, it will scarcely be denied
that the proper remedy xs a recourse of the Judiciary
Such undoubtedly is the remedy for those who deem
the acts of Congress laying duties on imports and pro
viding for their collection to be unconstitutional. The
whole operation of such laws is upon the individuals
enioirved. however painful the performance may be,
and thereby tacitly permit the rightful authority of the
Government to be contemned and its laws obstructed
by a single State, would neither comport with its own
safety nor the rights of the great body of the American
people. '
It being thus shown to be the duty of the Executive
to execute the laws, by all constitutional means, it re
mains to consider the extent of those already at his dis-
: tk mrrh.ndi7.e: a State ia awiti Posal, and what it may De proper iurtner to provide.
hibited from- laying imposts or duties on imports or ex- ' . the instructions of the Secretary of the Treasury to
norts. without the consent of Congress, and cannot be- the ?ollector8 ,m. SouthCar?uar Provisions and
comeaoartv under those laws without importing in ie8ons made oy tne act oi way, ana aiso tne nnes,
ffreat interests in the community 19 tobe rescinded n'nt .;!. 11 htmrt the oneration of the laws upon
mid abolished. If this ibe reqturerJ, it is clear that, a individuals. For their disobedience to or violation of
Clft&pftanek & impassible. jaH8j the onjinary remedies through the judicial tri-
K?ifs woold reTTiptn. AJ m a ciwe tyhero n indrri-
provisions, he could have used. In this reservation it
obviously contemplates a resort to other means than
those particularly mentioned.
It is not to be disguised that the power which it is
thus enjoined upon the Sheriff to employ is nothijjg less
than the posse comitatus, in all the rigour of the ncient
common law. This power, though it may be used
against unlawful resistance to judicial process, is in its
character forcible, and analagous to that conferred upon
the Marshals by the act of ITJn. It is m fact the em
bodying of the whole mass of the population under the
command of a single individual, to accomplish by their
forcible aid what could not be effected Deaeeablv and
rjy the ordinary means. It mav properly be said to be
a relict of those ages in which the laws could be de
fended rather by physical than moral force, and, in its
origin, was conferred upon the Sheriffs of England to
enable them to defend their country against any of the
King's enemies when they come into the land, as well
as for the purpose of executing process. In early and
less civilized times, it was intended to include "the aid
and attendance of all knights and others who were
bound to have harness." It inclades, the right of going
with arms and military equipments, and embraces larger
classes and greater masses of population than can be
compelled by the laws of most of the States to perform
militia duty. If the principles of the common law
are recognized in South Carolina, (and frdm this act it
would seem they are) the powers of summoning the
posse comitatus will compel, under the penalty of fine
and imprisonment, every man, over the age of fifteen
and able to travel, to turn out at the call of the sheriff,
and with such weapons as shall be necessary ; and it
may justify beating and even killing such as may re
sist. The use of the posse comitatus is therefore a direct
application of force, and cannot be otherwise regarded
than as the employment of the whole militia force of
the county, and in an equally efficient form, under a
different name. No proceeding which resorts to this
power, to the extent contemplated by the act, can be
properly denominated peaceable.
The act of South Carolina, however, does not rely
altogether npon this forcible, remedy. For even at
tempting I? resist or disobey, though by the aid only
of the ordiQiiy officers of the customsJ? the process of
replevin, the llector and all concerned are subject' d
to a further proceeding in the nature of a distress of
tbrir penro-ftar effects, nod arc moreover iftvla gailty of
acts called for by the existing emergency, than of tne
introduction of any unusual or rigorous enactments;
would not cause the laws of the Union to he properly
respected and enforced. It is believed these would
prov- adequate, unless the military forces of the titto
of South Carolina authorized by the late act of the Le
gislature, should be actually embodied and called out in
aid of their proceedings, and of the provisions ol the
Ordinance generally. Even in that case, however, it is
believed that no more will be necessary than a few mo
difications of its terms to adapt the. act of IVJj to the
present emergency, as by that act the provisions of the
laws of 1792 were accommodated to the crisis then ex
isting; and by conferring authority upon the President
to give it operation during the session of Congress nd
without the ceremony of a Proclamation, when-vent
shall be officially made known to him hy thr authority
of any State, or by the Courts of the United Matc,
that within the limits of such .State thn iaws of the L ni
ted .States will be openly opposed and their execution
obstructedby the actual employment of military torce,
or by any unlawful means whatsoever, too great tobe
otherwise overcome.
In closing this communication I should do injustiffl
to my own feelings not to express my confident reliMcfl
upon the disposition of each Department ot thc
vernment to perform its duty, and to co-operate m
measures necessary in the present emergency.
The crisis undoubtedly invokes the fidelity of the pa
triot and the sagacity of the statesman; not more ia
removing such portion of the public burthen as ; m
be unnecessary, than in preserving the good
society and in the maintenance of well regulated liM r
While a forbearing spirit may, and I' trust,
exercised towards the errors of oui brethren n P '
ticular quarter, duty to the .est of the L'nion dcniM
that open and organized resistance to the laws s 0
not be executed with impunity. t
The rich inheritance bequeathed by our 'alhe"tbr
devolved upon us the sacred obligation of preserving
the same virtues which conducted th ni thrMi
and umv
ndr-1 ot
eventful scenes of the revolution.
t-m xr - art
institutions f hpv honiipafh? d to us a Governm
of
laws, and a
the
ore'
founded UPOn
principle ot popular representation, nil" jnth
experiment of forty-four years, at a moment
Government and the Union are the objects ot tn- n
of the friends of civil liberty thronghout the world,
th midst of public and individual prosperity ualh?f
pled in history, we are called upon to decide
these laws possess any force and that Lnion
of self preservation. The decision of this 1uPubtful
an enlightened and patriotic people cannot be 0
For myself, fellow citizens, devoutly relJ,n",er 0or
kind Providence which has hitherto watched 0
destinies, and actuated by a profound revon nee
institutions I have so much cause to love an
American people whose partiality honored
their highest trust, I have determined to spare n
to discharge the duty which in this conju"ctauste t
volved upon me. That a similar spirit will clu" 0 y
representativesof the American people s n goc
questioned: arid, I f rvently pray that the f,re8 our
nations may so guide your deliberations an
Intarv cxamp'
lICdSUICBasiuai " j ,
mes. au -
the Law
ANDREW JACKSP-
WasniNCTOSi January 16th, 1833.
r . .Jt
1 ii';iti.
r.-A : a ana f"'
. 1. . r k 1 1 iiiiiirp tilths, v - .
roclaim that the uonstuuiion ana
' 1 .1 7 : .'.j:..'a;.,i;.
preme ana tne unwn uhjwu,