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