Newspapers / Constitutionalist, and People’s Advocate … / Jan. 29, 1833, edition 1 / Page 1
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,,11, r " - " - ; ' . ' . . ;- f -m.m-mmmmnm ..-m- u ji-gwi. -m-. gy,,. .p- If .. I' ! S ' ,5 4 I; "THE LIBERTY OF THE PRESSTHE SHIELD OF FREEDOM THE SCOURGE OF TYRANTS" -U.-IJJHV.M-Lg: BVCIIARLsES II. KAMSA1 RAIJQIGII, S . JAJV1TAR1T: 20, 1833. . t . i i n VOLUME .2T5i5fiBI3R ; , -iM n , miii i c r it is e r :;. id e ir Is ne cr- ke s to first v,-iu 'licr Le.iy in no IT. f i;r 5 a: - a- fi;t -: u.iiri'- EX -.r.r. II-' 11 li , .,f0'-C eye eou.omtittojTviit U;hci' every Tc-kshat morning, at Three PoJ !Pncr annum, An payable in advance, or TAire irs . . j U Mt m'rl until ttort termination r t!.e year. .wfrien!. inserted at 50 cents per square, to; w insertion, and 25 cents for every subsequent for tl;e one. .,, '-..Urcssedtothe EiTon on Imsmers con All .1 . -7 ncctcd -h the cstablisaisiciu, -- .r ---- will not be taken out of the office. (,r they n., the l6Vo the President oi the United 5racjm.MJ.iica:cJo both lipase of Con irrcss in- hfh'wjr.g- M iSS AGS E- and House of Represent 'a! Ives: Tn mv annual message, at the f oinmencement ,: your present session, I adverted t the ojjo-j v'itioM t (ho revenue laws m a particular quar ter i " tne United State, whicu threatened, not Tncii'iy to tawar: their execution, but to endan ger the integrity of the Union. jxni'i, although 1 then expressed my reliance that it might be overcome by the prudence of the officers of the United States, and the patriotism of the people, 1 stated that should the emergency arise, ren dering, the execution of the existing laws im nractieabie, from any cause whatever, prompt notice should be given to Congress, with the sag return of such views and measures, as mighj k1 necessary to meet it. L'umts which havecuned m tne quarter then alluded to, or "--- !-ave come y kn.wlediesaao-c'ltbV.esenttn;3 emergency. r,j ',i mes.i?,, the convention which assem- b'ei1 at L'o'muirt ui uie ouuc vm cuuui v.iiwu- ta on t'.-.e 4U ot iNovenioer lasr. an Q1(j.jance declaring certain acts of Congress -erein mentioned within the limits of that State I to be absolutely null and void, ;md making it the duty of the Legislature to pass such lavs as ! v.'ouhi ue necessary to carry the same into effect, from and after the 1st of February next. A copy df that Ordinance Has been officially transmit, tod to nie oy the Governor of South Carolina, and i-ir.tiv. coinmuaicated to Congress. T ie consequences to whicli this extraordinary ueliance of t .e just authority of the government migid too surely lead were clearly foreseen, and u was impossible tor me to hesitate as to my ottd duty in such an emergency. The Ottlin- ance uad been passed, however without any cer tain knowledge of the recommendation, which, fro 'ii u oi" the interests of the nation at lare the Executive '"-td determined to submit to Con gress, and a hope was indulged that by frankly oxrjia.il m ir his sentiinents and the nature of tin-.e duties which the ci isis would devohc up ;ii tlie authorities .f South Carolina might hi 'i.Uueed to retrace their steps. In this hope I determined to isaue my Proclamation of the 1 ; i of December fast, a copy of which I now J;tv before Congress. i regret to i'lt'M'in yoa that tltess reasonable expectations have not teen realized, and that V.u-spve.al acts of the Lftnslature of South Car- ihui, which I now lav before you, anil which has cad and each -f them finally passed after a kiu.vledge tf the desire of the administration to muddy the laws complained oi, are too well caUttVated, bth in their positive ' enactments and in thesp.nt of opposition which they cbvi o'Jsly encourage, who'y to obstruct the collcc tiotiof the revenne within the limits of tliatSfate. bh) to this period, neither the rccommeuda h m of tiie Executive, in regard to our financial p-tiicy and unjust sysiem, nor the disposition ''i.-nnesteu by Congress promptly to act upon that sabject, ivat the unequivocal cxprcssio.u of the puoa; will m all p,rls 0f the Unio.i appears tii irive produced anv relaxation in the measures vUpVv.iiu.,u adapted by the State of South Car f!U1;1' vor is taiive. any" reason to hone that the ;wr(iinaace and hw i, ..i.o.i i ! n i ktiowielvvatinaUctnpt has been made, nr t-iat it js in conteainhitioa to !(mS!p rith- rthc Ci:ivc;ition or tne Legislature : an.1 it will ne perceivcti, that the i,ite; vll before the lstof iehruuty is to short to ade.ht of the prelimina ry steps necessary for that purpose. It anoears "Ul'in"' the State authmities are actively wgtniz'.it- their mditarv wmivo. ,wl rovil the ituMiiand giving the most solemn as- shal .fci " saupiii in an who ''mist uiuppnsiiiun to me revenue la.vs. -Cut. I ro;ni it i,,,. ,.r u A . t ,, ,. uiv sLii i vjoveruor i'v "i La;,,1,:,a-!'-as pcnly .lfied the author- " tu -s of the Sfa?e have .t .u.ued h.s determination to accent the ser- :: 7nlQ a:id h5s t.at should don:, the rPl ves n"UOr,a?l !ut reatIJr l order. th ,;delence. Under these li niu' uhcnVscl veshi Vt" e,rred to are directed to Mi,,e,UWnV toa withir n " i '! lU 'Cnv oi Cimrles- cnua ";! "!"1- and a port of s-u enljstin.o- mpn f- u 1 ?-Kip:ilg!Jaid. f hut S, o , P. Ile- 11015 r"lt in r,.,. 4T ... UU!ia presents ready ovpm ; -r Ui ,u,sJ"e Preparation, and bf." 'r "".""'ry violence, ifndho. to 'A ...,...7 aws l!r preventinjr the collection Mi.-.t t. . ss thus announrpd -n,i f sianio t 'U1 101 lrom menaces of unlawful '-n-ed . in"J (iclusmn, mav be re- ti ii.;.,' i- ""u U1!- mnuence ol pub- irumthecummusionot actual uut- a f!'e rrrn.nt nr., - rio-,.t i v- --sM-i-c nggrcssson mav be regarded as committed when it is official! y authorized, and the means of enforcing it fully provided. Under these circumstance?, there can be no doubt that it is the determination of the author ities of South Carolina, fuliy to carry into effect their ordinance and laws, after the first of Feb ruary. It therefore becomes my duty to brin the j subject to the serious consideration of Congress, in r.tUer that such measures' as thev, in their wisdom may deem fit, shall b? seasonably pro vided, and that it may be thereby understood, that while the government is disposed to remove all just cause oi' complaint, as far as may be practicable, consistently with a proper regard to V.f in tM-.es is of the community "at large, it is nevertheless determined that the supremacy of the laws shall 'be maintained. Ia making this communication, it appears to be to me propi-r, imt only that I should lay be-! tore you the acts and proceedings of South Car olina, but that I should fully acquaint you with those steps vvhicli I have alreaoy caused to be taken for the due collection of the revenue, am! with -my views c.f the subject generally, tli.it the suggestions which the constitution requires me to make in regard to your future legislation may be better understood. This subject having early attracted the anx ious attention of the executive, as soon as it was probable that the authorities of South Carolina, seriously meditated resistance to the faithful ex ecution of the revenue laws, it was deemed ad visable, that the Secretary of the Trt-aury should, particularly instruct the officers of the, United States in that part of the Union, as' to the nature of the duties prescribed by the ex istingiaws. Instructions were accordingly issued on the Glli of Nov. to the collectors in that state point ing out their respective duties, and enjo'ning upon eac:i ammanu vtgimnt. nut tiiscreet per tormance of tb.em in the emergency then appre bended. I herewith transmit conies of 1 O f , ....1 ..t 4. .. .11 1 i 1 .... , . . . . . i.iBuutmMis ami oi i!ie iciier ainiicssea io mv Dis riet Attorney requesting his co-operali m. These instructions were dictated in the hope that as the opposition to the Uws by the anom alous proceeding ofnu! lification was represented o be of a pacific natiire, to h pursued substan tially acconisng to the forms of tiie constitution and without resorting, in any event, to farce or violence, the measures nf its advocates would oe taken in conformity with that profes sion; and, oil such supposition, the' m?ans af forded by the existing laws would have been. ad equate to meet any emergency likely to arise. It was, however, not possible altogether tolthorily the United States has been follow. suppress apprehension of the excesses to which the excitement prevailing in that quarter might lead; but, it certainly was not foreseen that the meditated obstruction to the laws would so soon openly assume its present character. Subsequently to the date of those instrnciions - hoyeter, the Ordinance of the Convention wasli r.a?scd, which if cumnii- il with bv t"ie p m ?)Ve o! that State, 'must effectually render inoperative the present revenue laws within her limits. That Ordinance declares and ordains 'that the several acts and parts of acts of the Congress of the United States, purporting to be laws for the imposing cf duties and imports on the im portation of fireign commodities, and now hav ing operation ami effect within the United States, and more especially 'an act in alteration of the several acts imposing duties on im- norts." approved on the lGthof Mav, 1328, anil also an act entitled "an act, to alter and amend the several acts imposing duties on imports-," f.nnn.Vi.,1 im thp 14fh .Inlv l R... arc .ui t ur:r m bv the Constitution of the Uaited Spates, atsd patibility with our constitutional obligation to violate the true intent and mean in- thereof, Sal! laws passed by the General Government, and at e null, and void, and w law, nor bindintmvithin the authoi tx'd ratits ( f power, to be . t rr . r r i 1 1 i nr " u non the crate oi souw tJarofina, us ouicersnirawn in question, wnen mis uuernosnion h l . . . . . . - 1 . . - ' . . i and citizens,- and all promises, contracts ts ami obligations made or entered into, with purpose to secure the duties imposed by the said acts, and all juduia! proceedings wliich shall be here after bad in affirmance thereof, are and shall be held utterly nnU and void. it aiso oniams; . . . that it shall not be lawful for any of the con - nituted authorities, whether uf the State ol 1 ' r ., tt .. ... South Carolina, or oi me unuen srate.., io en- uus .-?iaie uieir v.,.i sunn -ji-.i. - , .r T -oisoof (We tl,e paym-nt of .Wties impol by thej.nenv.re, ! iegi,!ati.m, l-' c!.,ni.l.av;'- said acts within the limits of the State, but that to employ at tms crisiststbe amount of such en-)and Commander-in-chief,' dated the 20th December, giv- eholi b" the dut7 of the Legislature to adopt i ... l.r. r. . such measures ana pas, u, uS ;,y - rarv to give lull oiled to this Urumance, am. tn nreveht the enforcement and arrest the on-ra- tioti of tlie said acts and parts ol acts of me .ou - - i - . . , eress cf the United States within the limits of; the State, irom and alter tne LSI oi rem u.u v J ... - j , 4 i C 1 .. 1 next: and tb.at it shall be the dnty of ail other constituted authorities, and cd all persons residing or being within the limits of the State, and thev are hereby required and enjoined, to obey and give effeet to this Ordinance, and such acts and measures of the Legislature as may be passed or adopted in obedience thereto.' It further ordains, 'that in no case of law or equi ty, decided in the Courts of the State, wherein J.m 11 h- drawn in nuestion the authority of this Ordinance, or tlsc validity of such act or act? of! the Legislature as may ne passed iir me pa. jmsc of giving effect thereto, cr the validity of the aforesaid acts of Congress, imposing duties, -hall anv appeal be taken or allowed to the su preme Court of the United States, nor shall any copy of the record be permitted or allowed for. that purpose; and the person or persons attempt ing to take such appeal, may be dealt wi-th as for a contempt of Court.' It likewise ordains, that all persons holding an office of Junior, profit or trust, civil ar military, under the State, shall, within such lime, and in such man ner as Hie Ltgislatcrc shall prescribe; take an oath well and truly to o'opv. e-eecute and on force this Ordinance, and such act or acts of the Legislature as may be nasscdin nursuance there of, according to the true intent and meaning of u,t oaiuu, uuii on me neglect or omission o any such person or persons so to do, his or thefr office or offices shall be forthwith vacated, and shall be filled upas if such person or persons were dead or had resigned; and no person here after elected to anv office of honor, nrofit or trust, civil or military, shall, anti! the legisla ture shall otherwise provide and direct, enter on the execution of his office, or be in any res pect competent to discharge the duties thereof, 'until he shall, in like manner, have takor a sim ilar oath, and no juror shall be empannelled in any of the Courts of the State, in any cause in which shall be in question thi Ordinance, or any tict of the Legislature nassed in the nursu ance thereof, unless he shall first, in addition to the usua! oath, have taken an oath that he will well and truly obej', execute and enforce ihis Ordinance, and such act or acts of- the Legis lature as maybe pushed to carry the same into operation and effcr, according to the true intent and meaningtlicreof. Tiie Ordinance conclude?. 'And we, the people of South Carolina, to the end that it may be fully Understood by the Go- eminent oi tneL'tlited States and tne people oft clecree cr olhcr p,,ct?xt coutray Q the intent and toe co-States, tnat we arc determmeu to main- iineaninar of the Ordinance, may be recovered by the tun this ordinance and declaration at every' ha.ard, do farther declare that we will not sub mit to the application of force on the pnrt of the Federal Government to reduce this State to o bedieuce: but that we will consider the passage, by Congress, of any act authorizing the employ-. tne.it of a military or naval force against ttni State o! S jui'i Cat ulinct, her constituted authori ties or citizens, r any act abolishing or closing tiie ports, of this State, or a ;y of them, or other wise oostructiog the free ingress and egress of vesseis, io au-:l fntm the said ports, or an oilier - act on the part of the Federal Government to the.-i'tcoerc" the Stare, shot on iwr ivrrs. destrov . !. ' ' ' J 7 J iarass her commerce, or to e.-.force the acts here by declared to b mill and void otherwise - than through tiie civil tribunals of the country, as in consistent with the longer continuance of South Carolina in the Union; a-id that the people .rf ibis State will thenceforth hold the msedves ab solved from all further obligation to sr. a; -".tain or preserve their political connection w.fh the peo ple of the other States, and will forth ;v ; pro ceed to organise a separae Government. (.. all other acts and things which sovereign i .- d in dependent States mav of ridit do". MM, .1 - l- . -,! x o .suieiiin ueuuticiawoii or tne U1W3 a; .x;- oy a series oi acts on tne part ot the a;it!i. -.s of. that State wliich maifest a deternr.uatioii. ; render inevitable a resort to those measures -self defence which the paramount duty of y. IS .. .1 I i I i re-jerai uro.verJineni ripiires, out upon tne doption of which t!;at Siate wdi proceed tocse ute the purpose it has avowed in this ordinaries - .of withdrawn from the Union. On f!i 27th of November, the Legislature' assembler at Cwluudia, and, on tlieir meeting. tii1 Governor laid before tliein the Ordinance of tiie Convention. In his Message on that occa sion, he acquaints them that 'th Ordinance has thus become a part f the f'andamenfal law of South Carolina:' that 'Ju; ihchas been at las: cast, and South Carolina hns at length a ppeal ber of el to her ti'terior sovereignty as a rr tills confederacy, and has planted herself on i her reserved rights. li e rightful exercise of i this power is rot a rs--dio?i winch we shall any i longer arjrue. It is suflicient that she has willed ! i and ?i!it 1 noct - A -m... nor is ts vtrrt ym. ' i . .!...". 1. . . . .exerted in a tasein wnicn ie compact nasoeen,- palpably.dehberate.y, and uangerously violated. !ob,y aml execmcj the Ordinance and all acts passed by That it brings up a conjuncture of deep and m o - J t he " Lcgislat u re in pursuance thereof; and directs the mentous interest is neither to be concealed ?or time and manner of taking it by the otficers of the Siate, i - , -pi. ; . - 4 .. . r i..i'! civil imlirisirv and miiii;u"i.r. denied. I ills crisis n:e?truia a Liass oi (iniics, ' r t i a . XT i wmcn is reierau.e voyouise.ve. . ou nae oeen 'commanded by the. people m tnetr highest t vei-cigntv, 1q taicc care that witluntrie limits oil I transmit, however, a copy ot uovernor uai-ii.un !ii - c..... n. ...:! u..i! i, ..Kf, i ?5 ili':'AI.:nr( to th Tri'.at.nrfi of South Carolina; of Gov. actments as may be necessary to render it ut - ;,.!.- t .ii nut! ! i n t r-r' ! . r t vv : tn ! n f!ti f 1 1 :v l ra t !r , , . .. " rt' V ' ' nu. ni.pcu uj p -c. . .u,.i., i..u., hfied." He proceeds 1 nat yo-j . shou.d arm i' - - -. .....- l u;-K ; every citizen wiim acivu pv3s, uv uc may claim, i ne pleases, a lestuunon o r- o cii.oi Iltlildr 1 li CV s T 1 VK S I ' V "'i -1 .Wi ..-J trivinsrsccuritv io auuie iiie issue u. a sua aoaw n at the same time define what shall constitue trea son against the State, arid by a bill of pains and penalties compel obedience and punish disobe dience to your own laws, are po nts too obvious to rrqi're any discussion. In pae word, you must survey "the whole ground.--You must look to and provide, for all possible contingeucie.-. In your own limits your own Co ts of Judica ture must not only be supreme, j but you must look to the ultimate issue of atry conflict of ju .ibVfmn and nower between! them and the rnnrii of thri United States." I The Governor to o-rant cleJt'ances in vio lation of the. laws of the Vv.uto. And to, pre pare for the alternative, whiti mast happen, unless the United States shall Kasaively surren der their authority and the Executive disre garding his oath and relram tim executing tne faws of the Union, he recomrnhds a thoro' re vision of the miltia system, andtliut the Govern .... ill... n n t "i nn '.-1 t, '.wrrui fort the defence of III - ilUiilU.IJ'V" - I ----- iihnp!ptiiii and its-deneudenciCi the services of twu thousatid vcl lingers,, filhe rb'v companies "t files, and that they be formed into a legionary ongade, consisting of infantry, rififemen, cavalry field and ficavv artilervs and that thev be armed and equipped from the public arsenal comnletelv from the oublic arsenal comnletelv for the field, and that appropriations be made lor supplying all deficiencies in our munitions m war? In addition to these vU-unteer drafts he recommends that the Governor be authorized 'to accept the services of 10,000 volunteers from the other divisions of the State to be organized and arranged jn regiments and brigades, the officers to be selected by the Commander in Chief, a:d that this whole force be called the Stafe Guard. A rciiut-st Wen feeruIavW c c of Suite of South Carolina, for authentic copleiort acts which have feen passed for the purpose of cme-the Oixhnance, but up to the date oi the latest advicea that request iiad not been complied with ; and on the present occasion, therfere, reference can only be made to those acts an published in th newspapers of the State. The acts to which it is deemed proper to in- imported free of all dutv, and that the revenue derived rite the particular attention of Congress are: from import duties should be raised exclusively uvm the: 1. "An act to carry into effect in part an Ordinance unprotected articles or that whenever a duty is imr-ed to nullify certain acts ot Congress oftbe United Stages, upon protected articles imported, an excise dutv of the purporting to be laws layingdutits qn the importation of same rate shall he imposed upon all similar articles man foreign commodates, passed in Convention of this State, hifactured in the United States." The address proceed at Columbia, on the 24th of November, 1832." -to state, ho-srever, that they "are willing to make a lar&'e 1 his act provides that any goods seized or detained 'offering to preserve the Union; and with a distinct decta under pretence ot securing the duties or for the non-! rat ion thst, as concession on our part, we will consent that owner or consignee by an act of replevin: that in case ; ry to meet the demands of Government for ccnsiiuuioa of refusing to deliver, them or removing them, so that al purposes and provided also that a duty substantially the renlei in cannot be executed, the Shc-r'.ft mav seize ! uniform be imposed upon all foreiffn imports." Uie personal estate of the offender to double the amount; of the goods: and if any attempt shall he made to retake or seize them, it is the duty ot the SheiMt t a recapture them; and that any person who shall disobey the pro- lorce the Governor ot south Carolina observed that cess, or remove the goods, oranvone who shall attempt lUe "cannot but think that on a calm ani dispassionate to retake or seize the goods under pretence of securing i review by Congress and the functionaries of the Gene the duties, or for non-payment of duties, or under any 'l Government, oi the true merits of this controversy, process or decree contrary to the infent of the Ordi nance, shall be fined and imprisoned, besides being liable for any other offence involved in the act. It also provides, that any person arrested or im prisoned, on any judgment or decree obtained in any Federal Court for duties, shad be entitled to the benefit cpcnr.-t t,v th. hhpns cArnnc not r,f t'v, ?tot in MW, unlawful arrest, and may maintain an action for dam . . v - - . . . . ... ij.v i..v. ........ vul 'UU 11 L V HIV Ill X- . V V I i ages; and that if any estate shall be sold under such judgment or decree, the sale shad be held illegal. It aiso provides, that any jailor who receives a person committed on any process or other judicial proceedings to enforce the payment of duties, and any one who hires his house as a jail to receive such person, shall be fined and imprisoned: And, finally, it provides that persons paying dutiei may recover them back with interest. . The next is called '-an act to provide for the security and protection of the people of the State cf South Caro lina." This -tet provides, that if th4 government of the United States, or any otficer thereof shall, by. the pmnloy incut of navtiT'or military force, attempt to coerce the State ol South Carolina into submission to the acts of Congress 1 - 'lire. I by the Ordinance null and void, or to resist the t-utore-fmem of the Ordinance, or of the. laws passed in : ii simnce thereof, or in case of any armed or forcible re sistance thereto, ihe Governor is authorized to resist the same, and to order into service the whole or so much of the fnilitary force of the Ste as he may deem necessary; and that incase of any overt act of coercion or intention to commit tiie saino, manifested by an unusual assem blage of naval or military forces in or near the State, or the occurrence -of any circumstances indicating that armed force is about to be employed against the State or in resistance to its laws, the Governor is authorized to accept the services of such volunteeMjuvl call into ser vice such portions of the militia as may be required to meet the emergency. The act also provides for accepting the service of the volunteers, aod organizing the militia, embracing a!i free white males between the ages of Id and GO; and for the purchase of arms, ordnance and ammunition. It also declares, that the power conferred on the Governor shall be applicable to all cases of insurrection or in vasion or imminent danger thereof, and to cases where the laws of the State shall be opposed, and the execution thereof forcibly resisted by combinations too powerful to be suppressed by the power vested in the sheriffs and oiher civil officers; and declares it to lie the duty of the 1 fi" '.l 111 ?VCI scu case iu kuu13u,u , ot militia and volunteers as may be necessary promptly to suppress such combinations, and cause the laws of the State to be executed. 3d. Is "an act concerning the oath required by the Or J .linonr,i niccnd Iti C, in-i'nn 1 i nn n r Oi'ttil in : t Vif P. ! ( In f-T ;'"" i-. ,,.1 , - ' Piovemkr. 1832. ' - ... r r .t, . -v.i, ;B m It is believed that other acts have been pa-.se 1, cm- . niW;sions for enforcing the Ordinance, but I so-lhare not yet been able to procure them. Sjng public notice that the services of voliunecrs win oc I neppotptt. under the act already referred to. I f 'thele measures cannot be defeated and overcome by jthe rs confcrred b UjC ConstUnt ion on the Federal . Constmion must be considered as in- ' . ., coaxsm to tu uecnctsiesnpieuiv :";he rescinded and the Union Thev not only abrogate the acts of Con- uu j i.. c c . ........ . . - , - , -.tc f,r ,ooo nnri i--2. gress commonly called the tarilf acts of 1S2S and lb"i2, but they prostrate and sweep away, at once, and without exception every act and every part of every act imposing itt ? mount whatever of duty on any foreign merchan- enze, ana vmua, y ev.y 5 ; been passed ame.oriz.ng me - ... ... including the act of 1815, and also the collection aw or 1791), the constitutionality of which has never been ques tioned. It is not only those duties which are charged to have been imposed for the protection of nanuiactures that are thereby repealed, but all otners, though laid for ; thf rvUrp(,se ol revenue mcrr-Vy, and upon oracles m no. degn-e suspected -of objetts . of P- Jl wnoie revenue svmcum iwmcu o-uv-u. u- ohna is obstruct eil ?nd overthrown; and the governmenl j 1 1 ; . I 4) ' ,,.rrtwnyri -i is absolutely prohibited from colieeting any part ol tu; put-mc revenue AMiuin -i.c i..... o. forth not only the citizens of South Carolina an I ot United States, but the subjects of foreign Statesmay im port any description or quantity of merchandize into i he ports of Sordh Carolina, without the payment cf any duty whatsoever. That State is thus relieved from the payment of any part of the public burthens; and duties and imposts are not only rendered not uniform through out the United States, but a direct and ruinous pre.ert-uce r . . ' f .v.. c ..... ,1,-.,., -.rii ti,.. is given -io '.ne poi-s m ia.ti o.a... uu ----- y- other btates oi me union, m hiuhiicsi -- - In point of duration, also,bidse agressions ujxin the authority of Congress, wkch, by the Ordinance, a imade part of the fundamental law of South Carolina, are solute, indefinite, and vitaout limitation They nei ther prescribe tr.e period v. hea they -hall cease, nor in dicaie any conditions Apon which those who have thus- jnndortaken to arrest tie operation of the laws,. are to retrace their steps, ani rdseind their measures. Thev oiFer to the United States no alternative hut uncondition al sub mission. If the' scope of the Ordinance is to be received as the scale pi concession, their demands caa be satisfied only by a: repeal of the whole system of re venue laws, and by aptainisg from the collection of any duties and imports u-Usoe4er..' It is true, that in the5 address to the pecp!e of the Catt ed States, by the Conventionof South Carolina, after ar,-nouneine- the flied amt finaVd --termination of Lhe State. enfor-:Trou?d be wimn w acquiesce, in a liberal spirit of con. : cession. rtrnviAoA - nr tnt in An rim- n.t in w ;jn svja by the States interested in manufactures." Tn the opinion of the Hnnrentinn. an ennitnhi nl r.-.i be. that '-'tl.o -a t,ni licr nf trnnA nrrir-tc tL,i 'ed articles that shall he imposed upon the unprotected, 'provided that no more revenue be raised than is neoer-sa- It is also true that in his Message to the Legislature, when urging the necessity of providing "means of se curing their safet3r by ample resources for repelling force the arbitration by a call of a Convention of all tho States, which we sincerely and anxionsly seek and de sire, will be accorded to us." . From the diversity of the terms indicated in these two important documents, taken in connection with th?. pro gress oi recent events m tnat quarter, there is too m.-.ch nf',rcasou to apprehend, without in any manner doubting ' . . . ,-. . , . " ' mi- iu;i.miuu3 ui iisu.-c puuiic iuuci iunai at s, (Cul 7ri aer tne terms proposed m the address of the Convention, nor those alluded to in the Message of the Governor, would appease the excitement which has led to the present ex cesses. It is obvious, however, that should the latter he insisted on, they present an alternative winch the Gene ral Government, of itself, can by no possibility print j. since, by an express, provision of the Constitution, Con gress can call a Convention for the purpose of proposing amendments, only '-'on the applieationot the Legislatures of two-thids of the States." And it is not perceived that the terms presented in the Address are more practi cable than those referred to in the Message. It will not escape attention that the conditions on which it la -Paia-ITI tire- AiiirftiSL f ! Oori-rcxi-tioTi tbt-r " n otiltt be willing to acquiesce," form no part of the Ordinance. tttl l . " XV 11. 1 f M w nue mis ureanaace iears an tne soicir.raty ot a lunla--tal law, is to be authoritative upon all within the limit of South Carolina, and is absolute and unconditional in its term 5, the Address conveys only the sentiments of the Convention, in no biud'mS or practical form. One is the act of the State; the other only the expression of the opinions of the members of the Convention. To limit the effect of that solemn act, by any Icrrrws or conditions whatever, they should have been embodied in it and made of import no less authoritative than the act i'self. By the positive enactment's of the Ordinance, the cxecn-'' lion of the laws of the Union is absolutely prohibited, and the Address f.uers no other prospect of their being again restored, even in the modified form proposed, ilian what depends upon the improbable contingency that amid changing events and increasing excitement, the. sentiments of the present members of the Convention and of their successors will remain the same. It is to be regretted, however, that these condition?, even if ihey had Ixes oiTered in the same binding form, are so undefined, depend upon so man contingencies, are so directly opposed to the known opinions and iutef ests of the great IxkIt of the American people, as to be almost hopeless of attainment. The majority of the States mid of the people will certainly net consent that the protecting drtties shall be wholly abrogated, never fo be re-enacted at any future time or in any possible con tingency. As little practicable is it to provide th:i? tin; sanie rate of duty shall be imposed upon the protect ed articles that shall be imposed upon the unprotect ed;" which, moreover, would be severely oppressive to the poor, and in time of war, -would a Id greatly to if; rigors. And, though there can lie no objection to the principle, properly "understood, that no more revemv. shall be raised than is necessary for the constitutional purposes of (he Government, which principle lias been already recommended by the Executive a; the true ba sis of taxation, yet it is very certain that South Carolina alone cannot be permitted to decide what those constitu tional purposes arc. rar.:.i m-ju consanutcs xne une tunc m wmi.--1 terms proposed in the address are to be accepted, would seem to present scarcely less difficulty thaa 'he term-; 'themselves. Though the revenue laws arc already de clared to be void in South Carolina, as well ''S the bonds. taken under them, and the judicial proceeding's for car rying them into eit'eet, yet, as the full action and opera tion of the Ordinance are to be suspended until the 1st of February, the interval may be assuipe .1 ds the time within which it is expected that the m.o-,i complicate por tion of the national legislation, a system of long fund ing and. a fleeting great interest0' the community U f a ooUsho' if this be itMmred. it is Ia the uncertainty, then, which cxirts as to the thrx t ion of the ordinance and of the enuctmrnts for enfor cing it, it becomes irnperiouly the duty of the Executive of the United States, acting with apropcir regard to ail the?.eat interests committed to his care, to treat those otls as absolute and unlimited. They are so, as far as his agency is concerned. Ho cannot either embrace, or - - of. the conditions. He has u'. ready discharged the only part in his power, 1 y 'he re commendations in his annual message. The rot n with Congress nnd the people. An 1, until they have acted. I.:. ...II l.-.t- it,., or;cin(T KtTIp r& under thein according to hU hiSh obhga, l y'these-various proceedings therefore, the State of , e,;,5ts p,r:in, fn,-nA tV.. r.r.orr.l nnwratnml.nr.n. t W ' 1 . i. J. V l J lii 1(4. I LtX.t 4 v -.4 x . i --., j voidably, to de:ile the new and dangerous aherna'ive I i C Ho r-.V, itfhiir ry Ctrilfi ohstrnet the execution ot th laws within its- limiis, or seeing it attempt to execute a threat of withdrawing from the L nion, That pf;rt:on ct,; the people at present exercising the authority of th.s State .solemnly assert their right io do cither, and as so lemnly announce their determination to do one or th-.j othei'. In my oyinion both purposes are 10 be regarded as r?. volutionary m their character and tendency, ar.d Mibver- P1-w i.wjiipn.-.ii sive ot the supremacy oi the laws ana 01 me tnis-ruy . - of th; Union. The result of each is the name; since -JriT-in w' jeh h" uu tv-urpa;.io:j rf roTer. li'r:.w'n s I t . ! 1 . -A ' '! '.' t: i 6 i ; - 4 - !' f 1
Constitutionalist, and People’s Advocate (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Jan. 29, 1833, edition 1
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