r -. LlBERTy..::THE CONSTITUTIOX....UNION. VOB,. XVf. NEWBEUN, FRIDAY, FEBRUARY 8, 1833. NO 831. " " PUBLISHED T0O3IAS WATSON. TERMS, in Three dollar per annum-payable in advance. - naoer win oe aisconuaueu inut at trie dis- ' oretion ol ttie uanorj unui an dtiBdi.igte nave Deen ; PW UP- ' - PROCLAMATION Of the Governor of South Carolina. ,rr,t f-i? .' v tkt. Pr.Iont " c .1... iT..:..i i States-uath Usued his Proclamation concerning ' V II ' .i i '1 - awmSB, V 1 I 3 IlllCU Or.iinance ol the Peoo eof South Cnrdin to uullilV certain acts of the Congress ot the 1 UiteJ States, inying "duties and imposts for; ,jie protection of domestic manufactures." ' nil ii .ivr,.o, me legislature otrouth : 1 ... : .T.. !... . 1 l ;iro nt:i now in session, laKint; into considera-1 ti jii, '-in- mailers couiaineu in tne said Jrrocla niali a of the Presideht, have adopted a Pre amble ami Resolution to the following effect, VIZ WlI. JtEAS, the President of the United j Sutt-shas issued his Proclamation denouncing i ihc proceedings of this State, calling upon the j citizens thereof to renounce their primary alle- j iriaiice, and threatening them with military I erei.nvunwaranied by the constitution, and utterly inconsistent with the existence of a free ! 8tate, be it therefore lit: sol red, That his Excellency the Governor be rtMjuested, forthwith to iisue his Prociama lion warning the good peoj)le of this State against the attempt of the President t,f the Liiited States to seduce tliem from their alle- ffiiince, exhorting them to disregard his vain j uir'ii i es, and to he prepared to sustain the ; Strain, and protect the liberty of the State.! aoa'msi the arbitrary measures proposed by the i L ROBERT Y. IIAYNC, Governor of South Carolina, in obe lience to the said Reso lution, do hereby issue this my Proclamation, solemnly warning the good people of this State BjiaiiMt ihe dangerous and pernicious doctrine presi ient, as calculated to mislead their judg ments as to the true character of the govern ment under which they live, and the paramount obligation "which they owe to the State, and manile-ulv inten led to seduce them from their alle-'tance, ati s fiy drawing them to the support of the vi. demand unlawful measures contem plated by tiie President, to involve them in the uajilt of tteb ilion. I would earnestly admon ish tiie.n to beware of the specious hut false doctrines bv which it is now attempted to be bhevu mat the several Slates have not retained ' their entire sovereignty, that 'the. allegkuiee of their citizens was transferred in the first in stance to the government of the United States,' that fca .Slate cannot be said to be sovereign and independent whose citizens owe obedience to tfie law s not made by it;' that 'even under the roval i; iv eminent we had no separate character,' that the -Constitution has created a 'national ;ro vi n iieu which is not a compact between "si v ereiii'.n Stales'; thai a .tate has no right to m cede, in a word, that ours is a national go vcinaient i;i which the people ol all the Slates are represented, and by which we are constitu ted 'one people' and 'that our representatives in Congress are all representatives of the Uni ted Stales and not of the particular States from winch they come' doctrines which uproot the tery foundation of our political system anni hilate the rights of the State and utterly des etrov the liberties of the citizens. It requires no reasoning to shew what the bare statement of these propositions demon etrate. that such a Government as is here de scribed, nas not a single feature of a confede rated republic. It is in truth an accurate defi nition, drawn with a bold hand, of a great consolidated empire, 'one and indivisible,' and under whatever specious form its power may be masked, it is in fact the worst of all despotisms, in which the spirit of an arbitrary government is suffered to pervade institutions professing to be free. Such was not the Go vernment for which our fathers fought ahd bled, atiil otl'Aed up their lives a willing sacrifice. Such was not the Government, which the great find patriotic men, who called the Union into bei no , in the plenitude of their wisdoms, fra med. Such was not the Government which the fathers of the republican faith, led on by the Apostle of American Liberty, promul gated and successfully maintained in 1799. and by rt'hieh they produced the great political re volution effected at that auspicious era. To b Government based on such principles, South Carolina has not been a voluntary party, anr to such a Government she never will give hep assent. The records of our history do, indeed, afford 'hi' prototype of these sentiments, which is to be tound in the recorded opinion of those, who, vhen the Constitution was framed, were in fa vi" of a 'rirm National Government,' in which the Stales should stand in the same relation to the Union, that the colonies did towards the Mother country. The Journals of the Conven llon and the secret history of the debates, will shev that this party did propose to secure to "tereueral Government an absolute suprema cy oyer -the States, by giving them a negative uPou their laws, but the same history also teach csusUia; all these propositions were rejected, ani i FeJeral Government was finally estab lished, recognizing the sovereignty of the States, !1d leaving tiie constitutional compact on the ptiitifuf all other compacts between 'parties It is.tlie, natural and necessary consequence of thf principles thus authoritativelyannounced k.v the President as constituti lg the very basis otur political system, that the Federal Govern ment is unlimited and supreme; being the ex ''Jusive judge of the extent of its own powers, np laws of Congress sanctioned by the Exet u tiv e and the Judiciary, whether passed in di- r violation ofthe Constitution and rights of :he ates, or not, are "the supreme law of the and,' Hence it is that the President obvious H considers the words ' made in pursuance thr pf, r u aS1,nCSU1pu?Sa., tnerelore when he protesses to recite the pro- vidr. ,r.i I-. .1- i visions of the Constitution on this subject, he f tes that our 'social compact m .express terms declares that tne Liaws ot trie unueu states, its Constitution, and tlic l replies maue under Jt, are the supreme L.avv ot the Land, and speaks throughout of 'the explicit supre- rnacy sit en to the laws of the Union over those ! of the States' as if a law of Congress was of Use t suorpme. w u e it was necessary t the J validit" of a tre:lt ihd il. shuula ,)e ,na(!e in ! pursuance ot trie constitution, fcucn, however, s HOt thr provisidn of the Constitution. That I lsirui,,t'Jl "F11) piovme& umi me vuu-, slitiilion and Laws of the United States which j a"a, fuianciu w.v.w. u.v, emi rom o l ti? nf t ho 1 n n d !inr fliinir in iKo I 'in. !.., .v ...JB .. vilv, v..- stitulion or laws ol any Mate to the contrary notwittistan.'ing. j Here it will be seen that a law ol Congress, ! as sucn, cau nave no vanuuy umess maue -in pursuance ot the Constitution.7 An unconsti- j tulunal act 1S tnerelore null am, void, and the on,-v Point lhat can arise in this cases whether j lo tnc eacrai uovernment, or any department j thereof, lias hecn exclusively reserved the ri&!lt to decide authoritatively for the States question of constitutionality. If this be so, to which of the departments, it may be ask ed, is this right of final judgment given ? If it be to Congress, then is Congress not only ele vated above the other departments of the Fede ral Government, but it is put above the Consti tution itself. This however, the President him self has publickly and solemnly denied, claim- inr and exercising, as is known to all the world the right to refuse to execute acts of Congress and solemn treaties, even after they had received the sanction of every department ol the r ederaPGovernment. That the Executive possesses this right of deciding finally and exclusively as to the valid ity of acts of Congress, will hardly be pretended and that it belongs to the Judiciary, except so far as may, be necessary to the dicision of questions, which may incidentally come before them, in 'cases of law of equity, has been de nied by nonmore strongly than the President ;:imself, who on a memorable occasion, refused to acknowledge the binding authority of the Federal Court, and claimed for himself and has exercised the right of enforcing the laws, not according lo their Judgment, but 'his own un dersianding of them.' And vet when it serves the purpose of bringingodium upon South Car olina, 'his native State,' the President has no hesitation in regarding the attempt of a State to release herself from the control of the Federal Judiciary, in a matter affecting her sovereign rights, a violation of the Constitution. . It is unnecessary to enter into an elaborate examination of the subject. It surely cannot admit ofa doubt, that by the Declaration of In dependere, the several Coloniesbecamc 'free, sovereign, and independent States,' and our political history will abundantly shew lhat at every subsequent change in their condition up to the formation of our present Constitution the Stales preserved their sovereignty. The dis covery of this new feature in our system, that the States exist only as members of the Union that before the Declaration of Independe, we were known only as 'United Colonies,' nd that even under the articles of the confederation, the States were considered as forming 'collec tively one nation' without any right of refus ing to submit to any decision of Congress' was reserved to the President and his immedi ate predecessors. To the latter 'belongs the in vention, and upon the former, will unfortunate ly fall the evils of reducing it to practice.' South Carolina .holds the principle now pro mulgated by the President(as they must always be held byall whoclaim to be the suporters of the States,) "as contradicted by the letter of the Constitution unauthorized by its spirit, incon sistent with every principle dn which it was founded destructive of all the objects for which it was framed, utterly incompatible with the ve ry existence of the States & absolutel y fatal to the rights and liberties of the people. South Carolina, basso solemnly and repeatedly ex pressed to Congresnd the world, the prin ciples which she believes to constitute the ve ry pillars of the Constitution, that it is deem ed unnecessary to do more at this time, than barel y to present a summary of those great fun damental truths, which she believes can never be subverted without the inevitable destruction of the liberties of the people and of the Union it self. South Carolina has never claimed (as is asserted by the President,) the right of repeal ing at pleasure all tbe revenue laws of the U nion,' much less the right of'repealing the Con stitution itself, and laws passed: to give it effect which have never been alledgcdtobe unconstitu tional." She claims only the right lojudge'of infractions of the constitutional compact, in vi olation of the reserved rights of the State, and of arresting- the progress of usurpation within her own limits, and when, as in the tariffs of !82Sand 1832, revenue and protection con- slituHional and unconstitutional objects, have been so mixed up together, that it is found im possible to draw the line of discrimination, she has noalternative, but to consider the whole as a system unconstitutional in its character, and to leave it to those who have 'woven the web, to unravel the threads.' South Carolina insists, and she appeals to the. whole political history of our country, in support of her posi- uuii Midline constitution oitne united otaies is a compact between Sovereign States, that it creates a confederated republic, not having a single teature ot nationality in its foundation that the people of the several Staes as distinct political communities, ratified the constitution, each state acting fo tor itself, and binding its own citizens, and not those of any other State, the act of ratification declaring it to-be binding on j he States so ratifying the States are its au- thors, their powercreated it their voice cloth- ed it with anthority the government which it formed, is composeed of their agents, and the Union of whichit is the bond is a Union of States "u.uu,u,.",u" luuai. mai as regards the foun- elation and extent of its power the . -.-u-n i us wer, me government ; ol the United States is strictly whatit n ; plies, a Federal Government that the States t are as sovereign as thev were nrinr tn tl, i ing into the compact that the Federal Consti- j tution is a confederation in the nature of a trea - ty oranalliance bvwhichso many Sovereio-n States agreed to exercise the sovereign now - ers enjointlv upon certain objects of external concerns in whi-h ipv nualW ;nrctrl vi r J KX snch as war, peace commerce, Foreign Nego nation, and India Trade: and nnun all other subjects of civil government, they were to ex- ' ercise tneir sovereignty separately. For the convenient conjoint exercise of the cruvereigniy o- tne states, mere must 01 neces .Ii.. U.. r Biiv uc some common agency or iunciionary This agency is the Federal Government. It represents the confederated States, and e.e- cutes their joint will, as expressed in the com- .pact. I tie powers oflthis government are wholv derivative., It possesses no more inhe- rent sovereignty, than an incorporated town, or any other corporate body it is a political corporation and like all corporations, it looks for its powers to an exterior source. That source is the States. South Carolina claims that by the declara- tion of Independence, she became and has ever since continued a free, sovereign and Independent State. That" as a sovereign Stale, she has the inher ent power, to do all those acts, which by the law of nations any prince or Potentate may of right do. 1 hat like all independent States, she neither has, nor ought she to suffer any other restraint upon her sovereign will and plea sure, than those high and moral obliga tions, under which all Princes and States are bound before God and man to perform 'heir so lemn pledges. The inevitable conclusion fiom what has been said therefore is, that as in all cases of compact, between Independent Sover eigns, w here, from the very nature of things, there can be no common judge or empire, each sovereign hasa right 'to judgeas well as of in fractions, as of the mode and measure of re dress,' so in the present controversy, between South Carolina and, the Federal Government, it belongs solely to her, by her delegates in so lemn Convention assembled, to decide, wheth er, the-federal compact be violated, and what remedy the State o Jght to pursue. South Carolina therefore cannot, and will not yield to any department of the Federal Government, a right which enters into the essence ofall sovr- eignty, and without which it would become a j bauble and a name." Such arc the doctrines which South Carolina has, through her convention, solemly promulga ted to the world, and by them she will stand or fall : such were the principles promulgated by V irginia in '98, and which then received the sanction of those great men, w hose recorded sentiments have come down to us a light to our feet andalamp to our path. It is Virginia and not South Carolina, wbo speaks, when it is said that she 'views the powers of Federal Govern ment as resulting from the compact to which the states are parties, as limited bv the plain sertse & intention oi the instrument constituting lhat compact as no further valid than they are authorized by the grants enumerated in that eomnact: and that in case ofa deliberate, pal" pable and dangerous exercise of other powers, t not granted bv the said compact, the states who are parties thereto, have the right, and are in duly bound, to interpose, for arresting the pro gress of the evil and for maintaining within their respective limits, the 'authorities, rights and liberties, appertaining to them." It is Kentucky who declared in . '9i, speak ing in the explicit language of Thomas Jeffer son, that 'the principles and construction con tended for by members of the State Legislatures the very same now maintained by tbe Pn si dent that the general government is the exclu sive judge of the extent of the powers delega ted toit, stop nothing short of despotism since the discretion of those whoadministerthe gov ernment and not the constitution, would be the measure of their powers: That the several states who formed the instrument being sover eign and independent, have the unquestionable right to judge of the infraction, and TH AT A NULLIFICATION BY TflOSE SOVER EIGNTIES. OF ALL UNAUTHORIZED ACTS DONE UNDFR COLOUR OF THAT INSTRUMENT, 1STHE RIGHTFUL REM EDY.' It is the great apostle of American liberty himself who bas consecrated these principles and left them as a legacy to the American peo ple, recorded by his own hand. It is by him that we are instructed that to the Constitu tional compact, 'each State acceded as a. state, and is an integral party, its co-states formingas to itself the ather party,' that they 'alone being parties to tbe compact are solely authorized to judge in the last resort of Ihe powers exercisea under it Congress beinff not a party but mere- hv the creatnrp ofa compact:' that it becomes asoverign State to submit to undelegated, and consequently unlimited power, in no man or body of men, upon earth; that where Pavers are assumed which have not been delegated (the very case now before us) a nullification of the act is the rightful remedy ; that every State has a natural right in cases not within the compact, casus nonfrozderis;) to nullify of their own authority all assumption of power by others within their limits, and that witnoui ims ngni j thev would be under the dominion, absolute and unlimited, of whomsoever migni ewiu wC right of judgment for them,' and lhat in case of acts being passed by congress ' so palpably Kcrainst the constitution as to amount to an un- i distmised.declaration, that the compact is not ! meant to be the measure ol the power ot the ! 0nrl ftnrernment, but that it will proceed to j exercise over the States all powers whatsoever, j w would be the duty of the States to declare ! lne acts void and of no force, and that eacA j should take measures of its own for providing , that neither ! soch acts nor any other of the General Government, not plainly and inten- n u j u .i. , " , tionallv authorized by the constitution, sha be j .vL , It is on thost irerat and essential truth., that South Carolina has now acted. Judging ibr herself as a vesreign state, she ha p onounced the Protecting ; ystfni, in all its brandies, to a 'gross, deliberate ,m'PlJahle violation of the constitutional compact,' V naving exhausted every otlier means ol redress, ! "cTk 1,1 the ex?rriee of ner sovereign riffht, as one i l: . lu ,uu "'F1 hijxh and sacred dntv. intrrwJ f!r nrrestintr thf evil ol usurpation, within her own limits by declar ing these acts to be mull, void, 'and no law, anJ tak niir measures of her own th-n iU c?..,n nm hn pn- ! forced within her limits. feoutlv Carolina has not 'assumed' what could be cons.dered as at all doubtful, when she asserts 'that the acts uj question, were in reality, intended ibr the protection ot manufactures' tltMi th.-Jr nup.tinn & unequal that the amount received by them, is Wea- j ter than is required by the wants of the governmeat ' and finally, that the proceeds are to be applied to onjects unautnonz. d by the constitution.' These (arts. are notorious these object openly avowed. The President, without instituting any inquisition into motives, has himself discovered, and publicly denoun ced them ; and hi officer of finaii e is even now, de vising measures intended as we are told to correct these acknowledged abuses. It is a vain and idle dispute about words, to nek wheth -rthis right of State. Interposition may be most properly styled, a constitutional, a sovereign or a re served right. In calling this right constitutional, it couio never nave been intended to claim it as a right granted by, or derived from the constitution, but. it is claimed as consistent with its genius, its letter and itsjpirit; it being not only distinctly understood, at the time of ratifying the constitution, but expressly provided Ibr in the instrument itself, that all sovereign risrhts. not agreed to be exercised conjointly, should be exerted separately by the states. Virginia le--a)-ed, it reference to the right asserted in the reso lutions of '98, above quoted, even after having fully olid accurately re-examined and re-considered these resolutions, 'thittshe ibund it to be her indispensable duty to adhere to the same', as founded in truth, $s eoiisoMint wilh the constitution, and as con ducive'to its welfare;' and Mr. Madison himself; asserted them to be perfectly "constitutional and conclusive." l is wholly immaterial, however, by what name this right may be called, for f the constitution be " a compact to which the states are parties,3' if " acts of the federal government are no further valid than they are authorized by the grants enumerated in that compact," then we have the authority of Mr. Madison himself for the inevitable conclusoii, that it is ''a plain principle illustrated by common practice, and essential to the nature of, compacts, lhat when resort can be had to no tribunal superior to tbe authori ty of the parties, the parties' themselves must be bet rightful judge in the last resort, whether the bargain made, lias been pursued or violated." " The consti- j tution, continues Mr.ladison. " was formed by the sanction of the States, given by each in its sovereign capacity; the states then being parties to the consti tutional compact, and in their sovereign capacity, it lollop ol necessity, that there can he no tribunal above their authority, to decide in the last resort, whether the compact made by them be violaf ed ; and consequently, that as the parties to it, they must themselves decide in the last resort, such questions as may he of sufficient magnitude to require their interposition." If this right does not exist in the several states, then it is clear that the discretion of Congress, ;mi not the constitution, would be the measure, of their powers ;and this, says Mr. Jefferson, would amount to the "seizing the rights of the states, and consoli dating them in thexhands of the general government, with a power assumed' to bind the states not only in cases made federal, but in all sases whatsoever; which would be to surrender the form of government we have chosen to live under for one deriving its powpre rom its wn, will.' We hold it to be impossible to resist the argument that the several states as sovereign parties to tbe compact, must possess the power, in cases of "gross, deliberate and palpable violation of the constitution, to judge each for itself as well of the infraction as the mode and measure of redress," or ours is a consolidated government, "without, limitation of powers;" a submission to which Mr. Jefferson has solemnly pronounced to be a greater evil than dis union itself. If, to borrow the language of Madison's report "the deliberate exercise of dang'erous powers palpably withheld by the constitution, could not justi fy the parties to it, in Winter posing even so far as to arrest the progress of the evil, and thereby to pre serve the constitution itself as well as to provide for the safety of the parties to it, there would be an end to all relief from usurped power, an i a direct subver sion of the rights specified orrecogniset! under all the state constitutions, as well as a plain denial of the fundamental principle on which our independence itself was declared." The only plausible objection that can be urged a gainst this right, so indispensable to the safety of the states, is, that it may be abused. But this danger is believed to be altogether imaginary. So long as our Union is felt as a blessing," and this will be just so loiifr as the federal government, shall confine its opera tion within the acknowledge?? limits of the charter, there will be no temptation for any state to interfere with the. harmonious operation of the system. There will exist the strongest motives to induce forbearance, and none to prompt to aggression on either side, so soon as it shall come to be universally felt and ac knowledge that the states !o not strnd to the Union in the relation of degraded and depeudant colonies. but that our bond of dnion is formed by mutual sym pathies and common interests. J he true answer to this objection has been given by Mr. Madison when he s avs " it does not follow, however, that because t he states, as sovereign parties to the constitutional compact. must ultimately decide whether it has been violated, that such a decision ought to be interposed either in a hasty manner, oron doubtful and inferior occasions. Even in the case of ordinary conventions between nine rent nations, it is always laid down that the breach must be loth wilful and' material to justi fy an application ofthe rule. But in the case of an intimate and constitutional union, like that of the United States, it is evident that the interposition of the parties in their sovereign capacity, can be called for by occ 'sions only, deeply and essentially affecting the vital principles of their political system." Evivrif'nrp Hpnmmtraioc that the danger is not that a state will resort to her sovereign rightstootre- quently or on light and trivial occasions, but that she may shrink from asserting (hem as often as may oe necessary. . A k It is maintained by South Carolina, that accorAng to the true spirit of the onstitution, it b sp: gress in all emergencies like the present either three-fourths of all the states an amendment giving the disputed power it nTust be regarded as never ha vingbeen intended to be Mven These pnncriples have been distinctly re conuVed by'the president htoteelf iu his message to Congress at the commencement of the present session, and they, seem only to be impracticable absurdities when asserted by South Carolina, or made applies ble to their existing controversy with the federal tr vernment. But it seems that South Carolina receive from the i resident no credit for her sincerity, when it is de declared through her chief magistrate, that "shesip cerely and anxiously seeks and desires" the subn sion ol her grievance to a convention ol all the state. nrn f n? T ? y. the president, Which Ske presents, is the repeal ofall the acts for raisin re venue; leaving the government witUt the nteank of support, or an aeqmecence in the dissolution W our Lnwn- South Carolina ha presented no su4 alternatives. 11 the President haS read the docS ments which the Convention caused toh i-J- to him for the express purpose of making known her wishes and her views, he would have found that South Carolina asks no more than that the 'farijl should he reduced to the revenue standard: and has distinctly expressed her willingness, that "an amouiu of duties substantially uniform, should be levied upon protected as well as unprotected articles, sufficient (rt raise the revenue necessary to meet the demands af the government for constitutional purposes. He WttuhV have found in the Exposition put forth by the Qo'tr venrion itself, a distinct appeal to our sister Statrj. tor thv call of a Convention; and the expression or' an entire willingness on the part ol South Carolina; to submit the controversy to that tribunal. EveQ at me very moment when he was indulging if! thee unjust and injarious imputations upon the people of South Carolina, and their late highly resnected chief magistrate, a resolution had actually passed throtyjlt both brandies of our Legislatures, demanding a call of that very Convention, to which lie declares that she has no desire that an appeal should be made. It does not become the dignity ofa sovereign state, to notice in the spirit which might be considered as belonging to the occasion, the unwarrantable impu tations in which the President has thougHt proper to indulge in relation tqSouth Carolina, the proceedings of her citizens and co istituted authorities. He lifts; noticed only to give it countenance, that miserable slander which imputes.the noble stand that our peo ple have taken in defence of their rights and liberties, to a faction instigated by the efforts of a few ambi tious leaders, who have got up an excitement for their own personal aggrandizement. The motives and characters ot those who haye been subjected tb these unfounded imputations, are beyond the reach ofthe President of the United Sutes. Thesacrffices tiiey iiave made, and difficulties and trials through which they may. have yet to pass, will leave no d6ubt as to the disinterested motives and noble impulse 61 patriotism and honor by which they are actuated. Could they have been induced to separate their own personal interests from those of the people1 of South Carolina, and have consented to abandon their duty to the state, no one knows better than the President himself, lhat they might have been" honored with tbe highest manifestations of public regard, and perhaps instead of being the objects of 1 vituperation. mig.ht even now have been baskingin the sunshineof Execu tive favor. This topic is allude'd to, merely for the purpose of guarding the people of our sisterstates against the fatal delusion, that South Carolina has assumed her present position under the influence of a temporary exeitement, and to warn them that it lias been the result of the slow but steady progress of public opinion for the last ten years: that it is the act ofthe people themselves, taken in conformity with the spirit of resolutions repeatedly adopted in their prima ry assemblies; and the solemn determination of the Legislature, publicly announced more than two years ago. Let. them not so far deceive themselves on this subject as to persevere in a course which" must in the end inevitably produce a dissolution of the union.'un' der the vain expectation that the great body ot the people of South Carolina, listening to the councils of the President vill acknowledge their error or retrace their steps: and still less that they will be driven from the vindication of their rights, by the intimation of the danger of domestic discord, and threats of "lawless violence. The brave men Who have thrown them selves into the breach, in defence of the rights arid liberties oftheir country, are not to be driven from their holy purpose by 6uchmeatiK. Even unmerited obloquy and death itself have, no terrors for him who lecls and knows that he is engaged irt the perform ance oi a sacred duty. 1 he people ot South Caro lina are well aware that, however passion and pre judice mav obtain for a season the mastery of the pub lic mind, reason and iostice must sooner or later reassert their empire: and that whatever may be the event of this contest, posterity will do justice to their motives, and to the spotless purity and devoted pat riotism with which they have entered into an arduous" and most unequal conflict, and the uhfaultering cour age with which, by the blessing of Heavenj they will maintain it. 1 The Yvholepargument, so far .as it is designed at this time to ente intb it, is now disposed of; and it is ne cessary to advert to some passages in the. Proclama tion, which cannot be passed over in silence. The President distinctly intimates, that it is his determi nation to exert the right of putting down "the opposl1 tion of South Carolina to the Tariff, by force of Arms. He believes himself in vested with the power to do thifc under that provision of the constitution which direct him "to take care that the laws be faithfully executed." Now if by this it was only meant to be asserted, that under the laws of Congress, now of force, the Presi dent would feel himself bound td aid the civil tribu nals in the manner therein prescribed, supposiug sucl laws to be constitutional, no just exception could taken to this assertion of Executive duty. But if, as is manifestly inteaded, tbe President sets up the claim, to judge for himself, in what manner the laws are to be enforced, and feels himself nf liberty, to call forth the militia, and even the military and nava forces Ol the Union, against the State of South i Carolina, her constituted authorities and citizens, then iwc ear that he assumes a power not only not conferred o. the Executive by the constitution, but winch befonga to no despot upon earth, exercising a less unlimited authority than the Autocrat of all theUussias; an authority, which, if submitted to, would at once re duce the free people of these United States, to a state ofthe most abject and degraded slavery. But the President has no power whatsoever to execute thg laws except in the mode and manner prescribed, by the laws themselves, ur. looking into tnese Jaws it will beseert, that he has no shadow or eetoblance of au thority to execufe any of the threats whieh he has thrown out against the good people of South Caroli na. The Act ol 28th F ebruary 1795, cives the Pre sident authority to call lorth the Militia in case of iu- v-as.on "by a ioreign nation or Indian Tibe?, Bv the 2 ' section of that Act, it is provided, that "wlienV ever me lawsui uic uiuieu ouues snail pe opposes, or the execution thereof obstructed in any State, by combinations too powerful to be suppressed by tbfc ordinary course of judicial proceedings, or by the pow ers vested in the marshals by this Act, it shall be laxv- ful for the President ofthe United States to call fotxa the Militia of such State, or of any other Stat States, as may be necessary to suppress soc'1ected..' nations, and to cause the laws to be duly f ga ' The words here used, though e7Jfmport are posed to be very comprehensive in t afcxt'seo restrained those whkJh follow- r 4