"Mo lVhvle No. 44 K Tarborough) (Edgecombe County, JV C.J Tuesday, February is, 1833. Vol. IXJVo 23. The "Xorlh Carolina Free Press," BY GEORGE HOWARD, Is published weekly, at Two Dollars and Fifty (.; per year, if paid in advance or, Three Dol lars, at the expiration of the subscription year. For any period less than a year, 'JVJenty-fve Cents per month. 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 30 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, or they may not be attended to. PROCLAMATION. By the Governor of South Carolina, WHEREAS, the President of the United States hath issued his Proclamation concerning an u Ordinance of the People of South Caroli na, to nullify certain acts of the Congress of the United States," laying "duties and imposts for the protection of domestic manufactures." And whereas, the Legislature of South Caro lina, now in session, taking into consideration the matters contained in the said Proclamation of the President, have adopted a Preamble and Resolution to the following effect, viz: WHEREAS, the President of the United States has issued his Proclamation denouncing the proceed ings of this State, calling upon the citizens ehereof to renounce their primary allegiance, and threatening them with military coercion, unwarranted bv tbe Con stitution, and utterly inconsistent with the existence of a Free State: be it therefore "Resolved, That his Excellency the Governor, be requested forthwith, to issue his Proclamation, warn ing the good people of this State against the attempt of the President of the United States to seduce them from their allegiance, exhorting them to disregard his vain menaces, and to be prepared to sustain the dignity, and protect the liberty of the State, against the arbitrary measures proposed by the President." Now I, Robert Y. 1 1 ayne, Governor of South Carolina, in obedience 1o the said Resolution, do iiereby issue this my PROCLAMATION, sol emnly warning the good people of this State a gainst the dangerous and pernicious doctrine pro mulgated in the said Proclamation of the Presi dent, as calculated to mislead their judgments as to the true character of the government under which they live, and the paramount obligation which they owe to the State, and manifestly in tended to seduce them from their allegiance, and by drawing them to the support of tt.e violent and unlawful measures contemplated by the Pre sident, to involve them in the guilt of rebel lion. I would earnestly admonish them to be ware of the specious but false doctrines by which it is now attempted to be shewn that the several States have not retained their entire sovereignty, that "the allegiance of their citizens was transfer red in the first instance io the government of the United States," that "a Slate cannot be said to be sovereign and independent whose citizens owe obedience to laws not made by it!" that "even under the royal government we had no separate character," that the Constitution has created a 'national government" which is not "a compact between sovereign States," "that a State has no right to secede" in a word, that ours is a Rational government, in which the people of all the Slates are represented, and by which we are constituted "one people," and "that our re presentatives in Congress are all representatives of the United States, and of the particular Stales from which they came" -doctrines which uproot the very foundation of our political system, anni hilate the rights of the States, and utterly destroy the liberties of the citizens. It requires no reasoning to show what the bare statement of these propositions demonstrate, that such a Government as is here described, has not a single feature of a confederated republic. It is in truth an accurate delineation, drawn with a bold hand, of a great consolidated empire "one and indivisible," and under whatever specious form its powers may be masked, il is in fact the worst of all despotisms, in which the spirit of an arbitrary government is suffered to pervade in stitutions professing to be free. Such was not the Government for which our fathers fought and bled, and offered up their lives and fortunes as a willing sacrifice. Such was not the Govern ment which the ereat and called the Union into being in the plenitude of men wisuoms iramed. audi was not the Gov ernment which the fathers of the republican faith, led on by the Apostle of American Liber ty, promulgated and successfully maintained in 179S, and by which they produced the great po litical revolution effected at that auspicious era. Io a Government based on such principles, South Carolina has not been a voluntary party, and to such a Government she never will give her assent, b The records of our history do, indeed, afford tlie prototype of these sentiments, which is to be iound in tne recorded opinion of those, who, when the Constitution was framed, were in favor ot a "firm National Government," in which the States should stand in the same relation to the union, that ihe colonies did toward the mother country. The Journals of the Convention and the secret history of the debate, will show that this party did propose to secure to the Federal Government an absolute supremacy over the Stales, by giving them a negative upon their laws, but the same history teaches us that all these propositions Were reierted. nnH tv.i.si . - j-- 7 - .. v. A cucidl Government was finally established recognizing Ihe sovereignty of the States, and leaving the constitutional compact on the fnntin nf at I ni U er compacts between "parties having no com- his the natural and necessary consequences of the principles thus authoritatively announced bv the President, as constituting thft rnrv r ... . .- J "-""'"WO u 1 our political system, that the Federal Govern ment is unlimited and supreme; being the exclu sive jude of the extent of its own powers, the laws "i congress sanctioned by the Executive and the Judiciary, whether passed in direct vio lation of the Constitution and rights of the States, or not, are "the supreme law of the land."' Hence it is that the President obviously consid ers the words, "made in pursuance of the Con. stitution" as mere surnl j r "'iinuic when he professes to recite thp onstitution on this subject, he states that our -social compact in express terms declares that the laws of the United States, i (S tunnel i t nf inn and the Treaties made under it, arc the supreme lawoi me iana, ana speaks throughout of ' the explicit supremacy given to the laws of the Uni on over those of the States" a if a law of Con gress was of itself supreme, while it was neces sary to the validity of a treaty that it should be uiuue in pursuance ni the Constitution. Such, however is not the provision ot the Constitution. That instrument expressly provides that "the Constitution and laws of the Unitpd St 3fr: tuft is ft - it, shall 0c made in pursuance thereof, shall be me supreme law ot the hind, any thing in the Constitution or laws of any Slate to the contrary notwithstanding." Here it will be seen that a law of Congress, as such, can have no validity unless made "in pur suance of the Constitution." An unconstitution al act is therefore null and void, and the only point that can arise in this case is whether, to the Federal Government, or any department thereof, has been exclusively reserved the riHit to decide authoritatively for the States this ques tion of constitutionality. If this be so, to which of Ihe departments, it mav be asked, is tin nrhi of final judgment given? If it be to Congress, tnen is Congress not only elevated above the other departments of the Federal Government, but it is put above the Constitution itself. This, however, the President himself has publicly and solemnly denied, claiming 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 eve ry department of the Federal Government. That the Executive possesses this right of de ciding finally and exclusively as to tlie validity of acts of Congress, will hardly be pretended anu mat u ueiongs to the Judiciary, except so far as may be necessary Io the decision of questions which may incidentally come before them, in "cases of law and equity, has been denied by none more strongly than the President himself, who, on a memorable occasion, refused to ac knowledge the binding authority of the Federal Court, and claimed for himself and has exercised the right of enforcing the laws, not according to their judgment, hut "his own understanding of them." And yet when it serves the purpose of bringing odium upon South Carolina, "his native Siate," the President has no hesitation in regar ding the attempts of a Slate to release herself from the control of the Federal Judiciary, in a matter affecting her sovereign rights, as a viola tion of the Constitution. It is unnecessary to enter into an elaborate ex amination of the subject. It surely cannot admit of a doubt, that by the Declaration of Indepen dence, the several colonies became "free, sove reign, and independent States," and our political history, will abundantly show that at every sub sequent change in their condition up to the for mation .of our present Constitution, the States preserved their sovereignty. The discovery of this new feature in our'syslem, that "the States exist only as members of the Union that before the Declaration of Independence, we were known only as United Colonies" and that even under the Articles of Confederation, the States were considered as forming "collectively one nation" without any right of refusing to submit to "any decision of Congress"- was reserved to the President and his immediate predecessor. To the latter "belongs the invention, and upon the former, will unfortunately fall the evils of redu cing it to practice." South Carolina holds the principles now pro mulgated by the President (as they must always be held by all who claim to be supporters of the rights of the States,) "as contradicted by the let ter of the Constitutionunauthorised by its spi rit inconsisteut with every principle on which it was founded destructive of all the objects for which it was framed" utterly incompatible with the very existence of the States and absolutely fatal to ihe rights and liberties of the people. South Carolina having solemnly and repeatedly expressed to Congress,and the" world the princi ples which she believes to constitute the very pillars of the Constitution, it is deemed unneces sary to do more at this time, than barely to pre sent a summary of those great fundamental truths, which she believes can never be subvert ed without the inevitable destruction of the lib erties of the people and of the Union itself. South Carolina has never claimed (as is asserted by the President.) the right of "repealing at pleasure, all the reroute laws of. the Union," much less the right of "repealing' the Constitu tion itself, and laws passed to give it effect which have never been alleged to be unconstitutional." She claims only the right to judge of infractions of the constitutional compact, in violation 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 182S and 1S32, re venue and protection constitutional and uncon stitutional objects, have been so mixed up toge ther, that it is found impossible to draw the line of discrimination she has no alternative, but to consider the whole as a system, unconstitutional in its character, and Jo leave it to those who have 'woven the web, to unravel the threads." South Carolina insists, and she appeals to the whole po litical history of our country, in support of her position, "that the Constitution of the United States is a compa between sovereign States that it creates a confederated republic, not hav ing a single feature of nationality in its founda tionthat the people of the several States as dis tinct political communities, ratified the Constitu tion, each Stale acting for itself, and binding its own citizens, and not those of any other State, the act of ratification declaring it to be binding on the States so ratifying the States are its au thors, their power created it their voice clothed it with authority ihe government which it for med is composed of their agents, and the Union of which it is the bond is a Union of States and not of individuals that as regards the founda tion and extent of its power, the Government of the. United States is strictly what its name im plies, a Federal Government that the States are as sovereign now as they Were prior to the en tering into the compact that the Federal Con stitution is a confederation in the nature of a treaty or an elliance by which so many sove reign States agreed to exercise their sovereign powers conjoint h upon certain objects of exter nal concern in which they are equally interested, such as wai peace, commerce, foreign negotia tion, and Indian Trade; and upon alt other sub jects of civil government, they were to exercise their sovereignty separately. For the convenient conjoint exercise of the sovereignty of the States, there must of necessity be some common agency or functionary. This agency is the Federal Government. It repre sents the confederated Slates, and executes their fjoint will, as expressed in the compact. The powers ol this government are wholly derivative. It possesses no more inherent sovereignty than an incorporated town, or any other great corpo rate body it is a political corporation, it looks for its powers to an extei ior source. 'J lie source is the States. South Carolina claims that hv tlie Dk 'ia of Independence, she became, and has ever since continued a free, sovereign & independent State. That as a sovereign Slate, she hns the inherent power, to do all tho?e acts, which by the law of nations, any Prince or Potentate may of right do. That like all independent States, she neither has, nor ought she to suffer any other restraint upon her sovereign will and pleasure, than those high moral obligations, under which all Princes and States are bound before God and man to perform their solemn pledges. The inevitable conclu sion from what has been said, therefore is, that as in all cases of compact between independent sovereigns, where from the very nature of things there can be no common judge or umpire, each sovereign has a right "to judge as well of infrac tions, as of the mode and measure of redress," so in the present controversy, between South Ca rolina and the General Government, it belongs solely to her, by her delegates in solemn Con vention assembled, to decide whether the Fede ral compact be violated, and what remedv the State ought to pursue. South Carolina, "there fore, cannot, and will not yield to any depart ment of the Federal Government, a right which enters into Ihe essence of all sovereignty, and without which it would become a bauble and a name." Such are the doctrines which South Carolina has, through her Convention, solemnly promul gated to the world, and by them she will stand or fall; such were the principles promulgated by Virginia in "9S, and which then received the sanction of those great men, whose recorded sen timents have come down to us as a light to our feet and a lamp to our path. It is Virginia, and not South Carolina, who speaks, when it is said that she "Views the powers of the Federal Government as resulting from the compact to which the States are parties, as limited by the plain sense and intention of the instrument constituting that compact as no farther valid than they are authorised by the grants enumerated in that compact; and that in case of a de liberate, palpable and dangerous exercise of other powers, not granted by the said compact, the States who are parties thereto have the right, and are in du ty bound to interpose, for arresting the progress of the evil, and for maintaining within their respective limits the authorities, rights and liberties appertain ing to them." It is Kentucky, who declared in '99, speaking in the explicit language of Thomas Jefferson, that ,4The principles and construction contended for by members of the State Legislatures, the very same now maintained by the President, that the General Government is the exclusive judge of the extent of the powers delegated to it, stop nothing short of despot ism since the discretion of those who administer the government, and not the Constitution, would be the measure of their powers. That the several States who formed the instrument being sovereign and inde pendent, have the unquestionable right to judge of the infraction, and that a Nullification by those sove reignties, of all unauthorised acts done under color of that instrument, is the righrfui remedy." It is the great Apostle of American liberty himself who has consecrated these pi inciples, and lelt them as a legacy to the American people, re corded by his own hand. It is by him that we are instructed thal in the constitutional com pact 'Each State acceded as a State, and is an integral party, its co-States forming as to itself the other par ty," that "they alone being parties to the compact, are solely authorized to judge in the last resort of the powers "exercised under it, Congress being not a par ty but merely the creature of the compact;" that "it become a sovereign State to submit to undelegated, and consequently unlimited power, in no man or body of men upon earth, that where powers are assumed which have not been delegated the very cast- now before us a nullification of the act is the rightful re medy; that every State has a natural right in cases not within the compact casus non fcderis to nullify of their own authority all assumption of power by others within their limits, and that without this right they would be under the dominion absolute and un limited, of whomsoever might exercise the right of judgment for them," and that in case of acts being passed by Congress "so palpably against the Consti tution as to amount to an undisguised declaration, that the compact is not meant to be the measure of the powers of the General Government, but that it will proceed to exercise over the States all powers what soever, it would be the duty ot the States to declare the acts void and of no force, and that each should, take mrusures of its own for providing that neither such acts, nor any of the General Government not plainly and intentionally authorized by the Constitu tion, shall be exercised within their respective ter ritories." . Il is on these great and essential truths, that .South Carolina has now acted. Judging for her self as a sovereign State, she has pronounced the Protecting System, in all i Is branches, to be a "gross, deliberate, and palpable violation of the constitutional compact;" and having exhausted every other means of redress, she has in the ex ercise of her sovereign rights as one of the par ties to the compact, and in the performance of a high and sacred duty, interposed for arresting the evil of usurpation, within her own limits by declaring these acts to be "null, void, and no law, and taking measure of her own. that they shall not be enforced within her limits." South Carolina has not "assumed" what could be considered as at all doubtful, when she ast rts JMhat the acts in question, were in reality inten ded for the protection of manufactures;" that their "operation is unequal;" that the "amount received by them is greater than is required by the wants of the government;" and finally, "that the proceeds are to be applied to objects unau thorized by the Constitution." These facts are notorious these objects openly avowed. The President, without instituting, any inquisition in to motives, has himself discovered and publicly denounced them; and his officer of finance is ev en now devising measures intended as we are told to correct these acknowledged abuses. It is a vain and idle dispute about words, to ask whether this right of State interposition may be most properly styled, a constitutional, a sove reign, or a reserved right. In calling this right constitutional, it could never have 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 its spirit; it being not only distinctly understood, at the time of ra tifying the Constitution, but expressly provided for. in the instrument itself, that all sovereign rights, not agreed to be exercised conjointly, should be exerted separately by the Stales. Vir ginia declared in reference to the right asserted in the Resolutions of 'OS, above quoted, i ven af ter having fully and accurately re-examined and re-considercd these resolutions, "that she found it to be her indispensable duty to adhere to the same, as founded in truth, as consonant with the Constitution, and as conducive to its wel fare," and Mr. Madison himself, asserted them to be perfectly "constitutional and conclusive.." It is wholly immaterial, however, by what name this right may be called, for if the Constitu tion be "a compact to which the Stales are par ties," if acts of the Federal Government are no farther valid than they are authorized by the grants enumerated in that compact," then wo See original draught of the Kentucky Resolutions in the hand-writing of Mr. Jefferson, lately published by bh grandson.