Whole Xo. 439. Tarboroiigh, (Edgecombe County, JV. C.J Tuesday, January 29, 1833. Vol. IXJYo. 23, The "Xorth Carolina Free Press," BY GKORGE HOWARD, Is published weekly, at Two Dollars arid Fifty t'cnts p?r year, if paid irt advaricc-or, Three Dol lars, at the expiration of the subscription year. For any period less than a year, Twenty five Cents per nicnth. Subscribers are at liberty to discontinue at any time, on giving notice thereof and paying arrears those residing at a distance must invariably pay in advance.or give a responsible reference in this vicinity. Advertisements, not exceeding 16 lines, will be in serted at 50 cents the first insertion, and 25 cents each continuance. Longer ones at that rate for every 16 lines. Advertisements must be marked the number of insertions required, or they will be continued until otherwise ordered, and charged accordingly. Letters addressed to the Editor must be post paid, fir they may not be attended to. I'ROGLAM ATION. By Andrew Jackson, President of the United States. Whereas, a Convention assembled in the Stale of South Carolina, have passed an Ordinance by which they declare, "That the several acts And parts of acts of the Congress of the United States, purporting lo be laws for the imposing of duties and imposts on the importation of foreign commodities, and now having actual operation and effect within the United States, and more especially," two acts for the same purposes, pas sed on the 29lh of May, 1828, and on tbc 14th July, 1S32, are "unauthorized by the Constitu tion of the United States, and violate the true meaning and intent thereof, and are null and void and no law," nor binding on the citizens of that State or its officers; and by tbe said Ordinance, it is further declared to be unlawful for any of the constituted authorities of the State or of the United Stales to enforce the payment of the du ties imposed by the said acts within the same State, and that it is the duty of the Legislature to pass such laws as may be necessary to give full effect to the said Ordinance; And whereas, by the said Ordinance it is further ordained, that in no case of law or equity, decided in the Courts of said Slate, wherein shall be drawn in question the validity of the said Or dinance, or of the acts of the Legislature that may be passed to give it effect, or of the said laws of the United States, no appeal shall be al lowed to the Supreme Court of the United States, nor shall any copy of the record be permitted or allowed for that purpose, and that any person at tempting to take such appeal stiall be punished as for a contempt of Court; And, finally, the said Ordinance declares, that the people of South Carolina will maintain the said Ordinance at every hazard; and that they will consider the passage of any act by Congress abolishing or closing the ports of the said State, or otherwise obstructing the free ingress or egress of vessels to and from the said ports, or any oth er act of the Federal Government to coerce the State, shut up her ports, destroy or harrass her commerce; or to enforce the said acts otherwise than through the civil tribunals of the country, as inconsistent with the longer continuance of South Carolina in the Union; and that the people of the said State will thenceforth hold themselves absol ved from all further obligation to maintain or preserve their political connexion with the peo ple of the other States, and will forthwith pro ceed to organize a separate government, and do all other acts and things which sovereign and in dependent States may of right do; And whereas, the si id Ordinance prescribes to the people of South Carolina a course of con duct, in direct violation of their duty as citizens of the United States, contrary to the laws of their country, subversive of its Constitution, and hav ing for its object the destruction of the Union that Union, which, coeval with our political ex istence, led our fathers without any other ties to unite them than those of patriotism and a com mon cause, through a sanguinary struggle to a glorious independence that sacred Union, hith erto inviolate, which, perfected by our happy Constitution, has brought us by the favor of hea ven to a state of prosperity at home, and high consideration abroad, rarely, if ever, equalled in the history of nations. To preserve this bond of our political existence from destruction, to main tain inviolate this state of national honor and prosperity, and to justify the confidence my fel low citizens have reposed in me, I, Andrew Jackson, President of the United Slates, have though! proper to issue this my PROCLAMA TION, stating my views of the Constitution and laws applicable to the measures adopted by the Convention of South Carolina and to the reasons they have put forth to sustain them, declaring the course which duty will require me to pursue, and. appealing to the understanding and patriot ism of the people, warn them of the consequen ces that must inevitably result from an obser vance of the dictates of the Convention. Strict duty would require of me nothing more than the exercise of those powers, with which' 1 am row, or may hereafter be invested, for pre serving the peace of the Union and for the exe cution of the laws.- Wat the imposing aspect which opposilion has assumed in this case, by clothing itself with State authority, and the deep interest which the people of the United States must all feel in preventing a resort to stronger measures while there is a hope that any thing will be yielded to reasoning and remonstrance, perhaps demand and will certainly justify a full exposition to South Carolina and the nation of the views I entertain of this important question, as well as a distinct enunciation of the course which my sense of duty will require me to pursue. The Ordinance is founded, not on the indefea sible right of resisting acts which are plainly un constitutional and too oppressive to be endured; but on the strange position that any one State may not only declare ah act of Congress void, but prohibit its execution that they may do this consistently with the Constitution that the true construction of that instrument permits a State Jo retain its place in the Union, and yet be bound by no other of its laws than those it may choose to consider as constitutional. It is true, they add, that to justify this abrogation of a law, it must be palpably contrary to the Constitution; but it is evident, that to give the right of resist ing laws of that description, coupled with the un controlled right to decide what laws deserve that character, is to give the power of resisting all laws. For, as by the theor', there is no appeal, the reasons alleged by the State, good or bad, must prevail. If it should be said that public opinion is a sufficient check against the abuse of this power, it may be asked why it is not deem ed a sufficient guard against the passage of an un constitutional act by Congress. There is, how ever, a restraint in this last case, which makes the assumed power of a State indefensible, and which does not exist in the other. There are two appeals from an unconstitutional act passed by Congress one to the Judiciary, the other to the people, and the States. There is no appeal from the State decision in theory, and the prac tical illustration shows that the Courts are closed against an application to review it, both judges and jurors being sworn to decide in its favor. But reasoning on this subject is superfluous when our social compact in express terms declare, that the laws of the United States its Constitution and treaties made under it, are the supreme law of the land and for greater caution adds "that the judges in every State shall be bound thereby, any thing in the Constitution or laws of any State to the contrary notwithstanding. And it may be asserted without fear of refutation, that no Federative Government could exist without a similar provision. Look for a moment to the consequences. If South Carolina considers the revenue laws unconstitutional, and has a right to prevent their execution in the port of Charles ton, there would be a clear constitutional objec tion to their collection in every other port, and no revenue could be collected any where; for all imposts must be equal. It is no answer to re pent, that an unconstitutional law is no law, so long as the question of its legality is to be decid ed "by the State itself; for every law operating injuriously Upon any local interest will be per haps thought, and certainly represented as un constitutional, and, as has been shown, there is no appeal. If this doctrine had been established at an ear lier lay, the Union would have been dissolved in its infancy. The excise law in Pennsylvania, the embargo and non-intercourse law in t'ne Las tern StaWs, and the carriage tax in Virginia, were all deemed unconstitutional and were more unequal in their operation than any of the laws now complained of; but fortunately none of those States discovered that they had the tight now claimed by South Carolina. The war into which we were forced, to support the dignity of the na tion and the rights of our citizens, might have ended in defeat and disgrace instead of victory and honor, if the States who supposed it a ruin ous and unconstitutional measure had thought they possessed tbe right of nullifying the act by which it was declared and denying supplies for its prosecution. Hardly and unequally as those measures bore upon several members of the Uni on, to the Legislatures of none did this efficient and peaceably remedy, as it is called, suggest it self. Tbe discovery of this important feature in our Constitution was reserved to the present day. To the statesmen of South Carolina belongs the invention, and upon the citizensof thatState will unfortunately fall the evils of reducing it to practice. If the doctrine of a State veto upon the laws of the Union carries with it internal evidence of its impracticable absurdity, our constitutional his tory will also afford abundant proof that it would have been repudiated with indignation had it been proposed to form a feature in our government. In our colonial state, although dependent on another power, we very early considered our selves as connected by common interest with each other. Leagues were formed for common defence, and before the Declaration of Indepen dence we were known in our aggregate charac ter as THE UNITED COLONIES OF AMERICA. That decisive and important step was taken jointly. We declared ourselves n nation by a joint, not by several acts, and when the terms of our confede ration were reduced to form, it was that of a sol emn league of several States by which they a greed that they would collectively form one na tion for the purpose of conducting some certain domestic concerns and all foreign relations. In the instrument forming that union is found an article which declares that, "every State shall a bide by the determinations of Congress on all questions Which by that confederation should be submitted to them." Under the confederation Ihen, no State could legally annul a decision of the Congress, or re fuse to submit to its execution; but no provision was made to enforce these decisions. Congress made requisitions, but they were not complied with. The government could not operate on in dividuals. They had no judiciary, no means ol Collecting revenue. But the defects of the confederation need not be detailed. Under its operation we could scarcely bb called a nation. We had neither prosperity at home nor consideration abroad. This state of things could not be endured, and our present happy Constitution was formed, but formed in vain, if this fatal doctrine prevails. It was formed for important objects that are an nounced in the preamble made in the name and by tbe authority of the people of the United States, whose delegates framed, and whose con ventions approved it. The most important a mong these objects, that which is placed first in rank, on which all the others rest, is "to forma more perftct Union." Now, is it possible that even if there were no express provision giving supremacy to the Constitution and laws of the United States over those of the States; can it be conceived, that an instrument made for the pur pose of "forming a more perfect Union," than that of the confederation, could be so construct ed by the assembled wisdom of our country, as to substitute for that confederation a form of gov ernment dependent for its existence on the local interest, the party spirit of a State, or of a pre vailing taction in a Stale.'' Lvery man of plain, unsophisticated understanding, who hens the question, will give such an answer as will pre serve the Union. Metaphysical subtlety, in pur suit of an impracticable theory, Could alone have devised one that is calculated to destroy it. I consider then the power to annul the law of the United States, assumed by one Stale, incom patible with the existence of the Union con tradicted, expressly by I he tetter of the Consti tution, unauthorized by its spirit, inconsisl cut with every principle cn which it was faun ded, and destructive of the gitat object for which it was formed. After this general view of the leading princi pie, we must examine the particular applicatiou of it which is made in the Ordinance. The preamble rests its justification on these grounds: It assumes as a fact, that the obnox ious laws, although they purport to be laws for raising revenue, were in reality intended for the protection of manufactures, which purpose it as serts to be unconstitutional; that the operation of these laws is unequal; that the amount rai ed by them is greater than is required by the wants of the government; and finally, that, the proceeds are to be applied to objects unauthoriz ed by the Constitution. These are the only cau ses alleged to justify an open opposition to tbe laws rjf the country, and a threat of seceding from the Union, if any attempt should be made to enforce them. The first virtually acknowl edges, that the law in question was passed under a power expressly given by the Constitution, to lay and collect impost: but its constitutionality is drawn in question from the motives of those who passed it. However apparent this purpose may be in the present case, nothing can be more dangerous than lo admit the position that an un constitutional purpose, entertained by the mem bers who assent to a law enacted under a consti tutional power, shall make that law void; for how is that purpose to be ascertained? Who is to make the scrutiny? How often may bad pur poses be falsely imputed in how many cases are they concealed by false professions in how ma ny is no declaration of motive made? Admit this doctrine, and you give to the States an un controlled right to decide, and every law may be annulled under this pretext. If, therefore, the absurd and dangerous doctrine should be admit ted, that a State may annul an unconstitutional law, or one that it deems such, it will not apply to the present case. The next objection is, that the laws in ques tion operate unequally. This objection may be made with truth, lo every law that has been or can be passed. The wisdom of man never yet contrived a system of taxation that would operate with perfect equality. U the unequal operation of a law makes it unconstitutional, and if all laws of that description may be abrogated by any State for that cause, then indeed is the Federal Constitution unworthy of the slightest effort for its preservation. We have hitherto relied on it as the perpetual bond of Our Union. We havcf received it as the work ot the assembled wisdom of the nation. We have trusted -to it as the sheet anchor of our safety in the stormy times of conflict with a foreign or domestic foe. We have looked to it with sacred awe as the palladi um of oor liberties, and with all the solemnities of religion have pledged lo each other our lives and lortunes here, and our hopes of happiness hereafter, in its defence and support. - Were we mistaken, my countrymen, in attaching: this im portance to the Constitution of our country? Was our devotion paid to the wretched, ineffi cient, clumsy Contrivance, which this new doc trine would make it? Did we pledge ourselves to the support of an airy nothing, a bubble that must be blown away by the first breath of dis affection? Was this self-destroying, Visionary theory, the work ot the prolound statesmen, the exalted patriots, to whom the task of constitu tional relorm was entrusted? Did the name oi Washington sanction, did the States deliberately ratify such an anomaly in the history of funda mental legislation? No. We were not mista ken. The letter of this great instrument is free) from this radical fault; its language directly con tradicts the imputation: its spirit its evident iulent contradicts it. No we did not err! Our Constitution does not contain the absurdity oC giving power to make laws and another power to resist them. The sages whose memory will always be reverenced, have given us a practical and as they hoped, a permanent constitutional compact. I he father ol his country did not affix his revered name to so palpable an absurdi ty. Nor did the States, when they severally ratified is, do so under the impression that a ve lo on the laws of the United Stales was reserved to them, or that they could exercise it by impli cation, search the debates in all their conven tions examine the speeches of the most zealous opposers of Federal authority look at the a mendments that were proposed they are all si lent not a syllable uttered, not a vote given, not a motion made to correct the explicit supre macy given to the laws of the Union over those of the States or to show that implication, as is now contended, could defeat it. No we havo not erred! The Constitution is still the object of our reverence, the bood of our Union, our de fence in danger, the source of our prosperity in peace. It shall descend as we have received it uncorrupted by sophistical construction, to our posterity; and the sacrifices of local interest, of State prejudices of personal animosities, that were made to bring it int6 existence, will again be patriotically offered for its support. The two remaining objections made by the Or dinance to these laws are that the sums intended to be raised by them are greater thau are requir ed, and that the proceeds will be unconslitution allT employed. The Constitution has given expressly to Con gress the right of raising revenue and of determi ning the sum the public exigencies will require. The States have no control over the exercise oC this right, other than that which results from the power of changing the Representatives who a buse it, and thus procure redress. Congress may undoubtedly abuse this discretionary power, but the same may be said of olhers with which they are vested. Yet tbe discretion must exist somewhere. The Constitution has given it to the Representatives of all the people, checked by the Representatives of the States, and by the Ex ecutive power. The South Carolina construc lion jjives it to the Legislature or the Convention of a single Shle, where neither the people of the dihereut States, nor the States in their separate capacity, nor the Chief Magistrate elected .by the people have any representation. Which is the most discrert disposition of the power? I do not ask you, frllow citizens, which is the constitu tional disposition that instrument speaks a lan guage not to be misunderstood. But if you were assembled in general convention, which would you think the safest depository of this discretion ary power in the last resort? Would you add a clause giving it to each of the States, or would you sanction the wise provisions already made by your Constitution? If this should be the re sult of your deliberations when providing for the future, are you, can you be ready, to risk all that we hold dear, to establish, for a temporary and a local purpose, "that which you must acknowledge to be destructive and even absurd as a general provision? Carry out the consequences of this right vested in the different States, and you must perceive that the crisis your conduct presents at this day would recur whenever any law of the U nited States, displeased any of the States, and that we should cease to be a nation. The Ordinance, with the same knowledge ot the future that characterizes a former objection, tells you that the proceeds of the law will be un constitutionally applied. If this could be ascer tained with certainty, the objection would, with more propriety, be reserved for the law so apply ing the proceeds, but surely cannot be urged a gainst the laws levying the duty. These are the allegations contained in the Or dinance. Examine them seriously, my fellow citizens judge for yoursel ves. I appeal to you to determine whether they are so clear, so con vincing, as to leave no doubt of their correct ness; and even if you should come to this con clusion, how far they justify the reckless, des tructive course, which you are directed to pur sue. Review these objections, and the conclusions-drawn from them once more. What are Ihev? Everv law ihen for raising revenue, sc-

Page Text

This is the computer-generated OCR text representation of this newspaper page. It may be empty, if no text could be automatically recognized. This data is also available in Plain Text and XML formats.

Return to page view