.3 011 899 091 2 pHSJ J <\ 1 \ E 384 .3 .129 Copy 1 COMMUNICATION FROM THE /^ ,'g> EXECUTIVE OF ILLINOIS, TO THE GOVERNOR OF MARYLAND, ENCLOSING J'UE EXECUTIVE MESSAGE OF THAT STATE. &C. ym^"^ ANNAPOLIS: J. HUGHE*, PRINTIEK. 1833. .X ^j COMMUNICATION, &c. State of Illinois, Executive Department, Vandalia, 29th Dec. 1832. To His Excellency, The Governor of the State of Maryland, Sir: — I enclose to you a copy of the President's Pro- clamation, and the Resolutions of the General Assembly of this State thereon, together with a Message of the Execu- tive of the State. I have the honor to be, Your obt. servt. JOHN REYNOLDS. MESSAGE. EXECUTIVE DEPARTMENT, > Vandalia, Dec. 24th, 1S32. \ Fellow- Citizens of the Senate, and House of Representatives: Since I had the honor to transmit to this General As- sembly, my late message, in which allusion is made to the dangers resulting from the doctrine then advocated, and now practised upon by the State of South Carolina, I have seen and read, the ordinance promulgated by that State, in which is exhibited in frightful colours the awful tenden- cy, of those doctrines. In the view in which it presents itself to my mind, I can regard it in no other light, than as a treasonable attempt to dismember this happy confederac}'. In the same view, must it be regarded by all those, who admit the supremacy of the laws, revere the Constitution, or love the Union. Since your last adjournment, I have received the procla- mation of the President of the United States, which ac- companies this message giving at large his views of the or- dinance, and making a fervent appeal to the patriotism of the people to stand by the Constitution, and sustain him in all legal measures to enforce the execution of the laws and preserve the Union. The appeal of our venerated chief magistrate, w^hose firmness and patriotism, have been manifested, as well in the field of battle, as through a long, and eventful life of the most tiying emergencies, will not, I am assured, be in vam; but that, we will as one man, be ready to meet the crisis, which is too certainly approaching, and abide with him in the shock. In the further discharge of my Constitutional duty, I would respectfully recommend the adoption of some resolu- tion expressive of the sense of the people of this State, on th(? matters herewi'di submitted: and in that mode, or in some such as your wisdom may dictate, give the strongest assurances of the assent of the people to the views present- ed by the President, and of their firm and unalterable de- termination to sustain him at all hazards, and through all dangers to the final issue of the controversy. JOHN REYNOLDS. PROCLAMATION, BY ANDREW JACKSOj^, PRESWEJVT OF THE UJMTED STATES, Whereas, a Convention assembled in the State 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 to be laws for the imposing of duties and imposts on the importation of foreign com- modities, and now having actual operation and effect with- in the United States, and more especially" two acts for the same purposes, passed on the 28th of May, 1828, and on the 14th of July, 1832, "are unauthorized by the Constitu- tion of the United States, and violate the true meaning and intent thereof, and are null ajid void, and no law," nor binding on the citizens of that State or its officers : and by the said Ordinance it is further declared to be unlawful for any of the constituted authorities of the State or of the United States, to enforce the payment of the duties 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 ne- cessary to give full effect to the said Ordinance: Jlnd, W/iereas, by the Ordinance it is further ordained, that, in no case of law or equity, tlecided in the courts of said State, wherein shall be drawn in question the validity of the said Ordinance, or 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 allowed 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 per- son attempting to take such appeal shall be punished as for a contempt of court: And, finally the said Ordinance declares that the people South Carolina will .maintain the said Ordinance at eveiy hazard; and that they will consider the passage of an 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 port, or any other act of the Federal Government to coerce the State, shut up her ports, destroy or harrass her commerce, or to enforce said acta otherwise than through the civil tribunals of the country, as Cy inconsistent with the longer continimnGe of South Carolina in the Union; and that the people of the said State will thenceforth hold themselves absolved from all further obli- gation to maintain or preserve their political connexion with the people of the other states, and will forthwith pro- ceed to organize a separate Government, and do all other acts and things which sovereign and independent States may of right do. ^nd Whereas, the said Ordinance prescribes to the people of South Carolina a course of conduct in di- rect violation of their duty as citizens of the United States, contrary to the laws of their country, subversive of its constitution, and having for its object the destruc- tion of the Union — that Union, which, coeval with our political existence, led our fathers, without any other ties to unite them than those of patriotism and a common cause, through a sanguinary struggle, to a glorious inde- pendence — that sacred Union, hitherto inviolate, which per- fected by our happy constitution has brought us, by the favor of Heaven, to a state of prosperity at home, and high consideration abroad, rarely, if ever, equalled in the histo- try of nations. To preserve this bond of our political exis- tence from destruction, to maintain inviolate this state of naional honor and prosperity, and to justify the confidence my fellow citizens have reposed in me. I Andrew Jack- son, President of the United States, have thought proper to issue this my PROCLAMATION, stating my views of the Constitution and laws applicable to the mea- sures adopted by the Convention of South Carolina and the reasons they have put forth to sustain them, declaring the course which duty will require me to pursue, and ap- pealing to the understanding and patriotism of the people, warn them of the consequences that must inevitably result from an observance of the dictates of the Convention. Strict duty would require of me nothing more than the exercise of those powers with which I now, or may hereaf- ter be invested, for preserving the peace of the Union and for the execution of the laws. But the imposing aspect which opposition 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 hope that any thing will be yielded to reasoning and remonstrance, per- haps 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 tluty will require me to pursue. This Ordinance is founded, not on the indefeasible right of resisting acts which are plainly unconstitutional, and too oppressive to be endured, but on the strange position that any one State may not only declare an act of Congress void, but prohibit its execution — that they may do this consistently with the Constitution — that the true construc- tion of that instrument permits a State to retain its place in the Union, and yet to be bound by no other of its laws than those it may choose to consider as constitutionai. It is true, they add, that to justify this abrogation of a law, it must be palpably contray to the Constitution; but it is evident, to give the right of resisting laws of that description, cou- pled with the uncontrolled right to decide what laws de- serve that character, is to give the power of resisting all laws. For, as by theory there is no appeal, the reasons alledged 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 deemed a sufficient guard against the passage of an unconstitutiapal act by Congress? There is, however, a restraint infhis last case, which makes the assumed power of a State more indefeasible, and which does not exist in the other. There are two appeals from an unconstitution- al 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 practical 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 declares, 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 Juclges 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 consequence. If South Carolina considers the revenue laws unconsti- tutional, and has a right to prevent their execution in the port of Charleston, there would be a clear constitutional objection to their collection in every other port, and no revenue could be collected any v/here; for all imposts must be equal. It is no answer to repeat that an unconslitutiona law is no la^y, so long as the question of its lej^aHty is to be decided by the State itself; for every law operating inju- riously upon any local interest will be perhaps thought, and certainly represented, as unconstitutional, and as has been shown, there is no appeal. If this doctrine had been established at an earlier day, the Union would have been dissolved in its infancy. The excise law in Pennsylvania, the embargo and non-inter- course law in the Eastern States, the carriage tax in Vir- ginia, were all deemed unconstitutional, and were more un- equal in their operation than any of the laws now complained of; but, fortunately, none of those States discovered that they had the right now claimed by South Carolina. The w^ar into which we were forced, to support the dignity of the nation and the rights of f ur citizens, might have ended in de- feat and disgrace, instead of victory and honor, if the States, who supposed it a ruinous and unconstitutional measure, had thought they possessed theright oi nullifying the act by which it was declared, and denying supplies for its prose- cution. Hardly and unequally as these measures bore upon several members of the Union, to the legislature of none did this efficient and peaceble remedy, as it is called, sug- gest itself. The 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 citizens of that State 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 history will also afford abun- dant proof that it would have been repudiated with indig- nation, had it been proposed to form a feature in our Go- vernment. In our colonial state, although dependent on another power, we very early considered ourselves as connected by common interest with each other. Leagues were formed for common defence, and before the declaration of inde- pendence we were known in our aggregate character as the united colonies of Jlmerica. That decisive and im- portant step was taken jointly. V/e declared ourselves a nation by a joint, not by several acts; and when the terms of our confederation were reduced to form, it was in that of a solemn league of several States, by which they agreed that they would, collectirely, form one nstion, for the pur- 9 pose of conducting some certain domestic concerns, and all foreign relations. In the instrument forming that U- nion, is found an article which declares that "every State shall abide by the determinations of Congress, on all ques- tions which by that confederation should be submitted to them." Under the confederation, then, no State could legally annul a decision of the Congress, or refuse to submit to its execution; but no provision was made to enforce these decisions. Congress made requisitions, but they were not complied with. The Governinent could not operate on in- dividuals. They had no Judiciary, no means of collecting revenue. But the defects of the confederation need not be detail- ed. Under its operation, we could scarcely be called a na- tion. We had neither prosperity at home, nor considera- tion abroad. This state of things could not be endured, and our present happy Constitution was formed; but form- ed in vain if this fatal doctrine prevails. It was formed for important objects, that are announced in the preamble, made in the name and by the authority of the people of the U. S., whose delegates framed, and whose conventions ap- proved it. The most important among these objects, that which is placed first in rank, on which all the others rest, is, "^0 form a more perfect Union.'''' Now, is it possible that, even if there were no express provisions giving supremacy to the Constitution and laws of the United States over those of the States, it can be conceived, that an instrument made for the purpose of '■^forrain.g a more perfect Union'^ than that of tlie confederation, could be so constructed by the assembled wisdom of our country as to substitute for that confederation a form of government dependent for its existence on the local interest, the party spirit of a State,- or of a prevailing faction in a State? Every mart of plain unsophisticated understanding, who hears the question, will give such an answer as will preserve the Union.- Me- taphysical subtlety, in pursuit of an impracticable theory, could alone have devised one that is calculated to des- troy it. I consider, then, the power to annul a law of the United States, assumed by one State, incompatible with the exis- tence of the Union, contradicted expressly by the letter of the Constitution, unauthorized by its spirit, inconsistent with every principle on which it was founded,and destruc- tive of the great object for which it was formed, 2 10 After this general view of the leading principle, we must examine the particular application of it which is made in the ordinance. The preamble rests its justification on these grounds: It assumes as a fact, that the obnoxious laws, although they purport to be laws for raising revenue, were, in reality, in- tended for the protection of manufactures, which purpose it asserts to be unconstitutional; that the operation of these laws is unequal; that the amount raised 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 are the only causes alledged to justify an open opposition to the laws of the country, and a threat of seceding from the Union, if any at- tempt should be made to enforce then;. She first virtually acknowledges that the law in question was passed under a power expressly given by the Constitution to lay and collect imposts, 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 to admit the position that an uncon- stitutional purpose, entertained by the members who assent to a law enacted under a constitutional 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 profession? In how many is no declar- ation of motive made? Admit this doctrine, and you give to the States an uncontrolled right to decide; and every law may be annulled under this pretext. If, therefore, the absurd and dangerous doctrine should be admitted that a State mny annul an unconstitutional law, or one that it deems such, it will not apply to the present case. The next objection is, that the law's in question operate unequally. This objection may be made with truth to every law that hcs been or can be passed. The wisdom of man never yet contrived a system of taxation that would operate with perfect equality. If the unequal operation of a law makes it unconstitutional, and if all laws of that descrip- tion maybe abrogated by any State for that cause, then in- deed is the Federal Constitution unworthy of the slightest effort fur its preservation. We have hitherto relied on it as the perpetual bond of our Union. We have received it as the work of the assembled wisdom of the nation. We have 11 trusted to it as to the sheet anchor of our safety, in the stormy times of conflict with a foreign or domestic foe. We have look- ed to it with sacred awe, as the palladium of our liberties; and, with all the solemnities of religion, have pledged to each other our lives and fortunes here, and our hopes of happiness hereafter, in its defence and support. Were we mistaken, my countrymen, in attaching this importance to the Constitution of our country? Was our devotion paid to the wretched, inefficient, clumsy contrivance, which this new doctrine 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 disaffection? Was this self-destroying, visionary theory, the work of the profound statesmen, the exalted patriots, to whom the task of consti- tutional reform was entrusted? Did the name of Washing- ton sanction, did the States deliberately ratify such an an- omaly in the history of fundamental legislation? No. We were not mistaken! The letter of this great instrument is free from this radical fault; its language directly contradicts the imputation: its spirit — its evident intent — contradicts it. No; we did not err! Our Constitution does not contain the absurdity of 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 con- stitutional compact. The Father of his country did not affix his revered name to so palpable an absurdity. Nor did the States when they severally ratified it, do so under the impression that a veto on the laws of the United States was reserved to them, or that they could exercise it by im- plication. Search the debates in all their Conventions — examine the speeches of the most zealous opposers of Fe- deral authority — look at the amendments that were pro- posed. They are all silent — not a syllable uttered, not a Tote given, not a motion made to correct the explicit su- premacy 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 have not erred! The Constitu- tion is still the object of our reverence, the bond of our Union, our defence in danger, the source of our prosperity in peace. It shall descend, as we have received it, uncor- rupted by sophistical construction, to our posterity; and the sacrifices of local interest, of State prejudices, of personal animosities, that were made to bring it into existence, will again be patriotically offered for its support. V2 The two re.naining objections made by the Ordinance to these laws are, that tXe sums intended to be raised by them are greater than are required, and that the proceeds will be unconstitutionally employed. The Constitution has given expressly to Congress the right of raising revenue, and of determining the sum the public exigencies will require. — The States have no control over the exercise of this right, other than that which results from the power of changing the representatives who abused it, and thus procure re-r dress. Congress may undoubtedly abuse this discretiona- ry power, but the same may be said of others with which thsy are vested. Yet the 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 Executive power. The S. C. construction gives it to the Legislature or Convention of a single State, where neither the people of the different States nor the State in their separate capacity, nor the Chief JNIagistrate elected by the people, have any representation. Which is the most discreet disposition of the power? I do not ask you, fel- low-citizens, which is the Constitutional disposition — that instrument speaks a language not to be misunderstood. — But if you were assembled in general convention, which would you think the safest depository for this discretionary power in the last resort. Would you add a clause giving to each of the States, or would you sanction the wise pro- visions already made by your Constitution? If this should be the result 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? Cany out the consequen- ces 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 United States dis- pleased any of the States, and that we should soon cease to be a nation. The Ordinance, with the same knowledge of the future that characterizes a former objection, tells you that the proceeds of the tax will be unconstitutionally applied. If this could be ascertained with certainty, the objection would, with more propriety, be reserved for the law so applying the proceeds, but surely cannot be urged against the laws levying the duty. 13 These are the allegations contained in the Ordinance. — Examine them seriously, my fellow citizens — judge for yourselves. I appeal to you to determine whether they are so clear, so convincing, as to leave no doubt of their cor- rectness: and even if you should come to this conclusion, how far they, justify the reckless, destructive course, which you are directed to pursue. Review these objections, and the conclusions drawn from them once more. What are they? Every law, then, for raising revenue, according to the South CaroHna Ordinance, may be rightfully annulled, unless it be so framed as no law ever will or can be framed. Congress have a right to pass laws for raising revenue, and each State has a right to oppose their execution — two rights directly opposed to each other; and yet is this absur- dity supposed to be contained in an instrument drawn for the express purpose of avoiding collisions between the States and the General Government, by an assembly of the most enlightened statesmen and purest patriots ever embo- died for a similar purpose. In vain have these sages declared that Congress shall have powder to lay and collect taxes, duties, imposts, and excise — in vain have they provided that they shall have power to pass laws which shall be necessary and proper to carry those powers into execution; that those laws and that Constitution shall be the "supreme law of the land; and that the judges in every State shall be bound thereby, any thing in the Constitution or laws of any State to the contrary not- withstanding.'^ In vain have the people of the several States solemnly sanctioned these provisions, made them their paramount law, and individually sworn to support them whenever they were called on to execute any office. Vain provisions! ineffectual restrictions! vile profanation of oaths! miserable mockery of legislation! If a bare majority of the voters in any one State may, on a real or supposed knowledge of the intent with which a law has been passed, declare themselves free from its operation — say here it gives too little, there too much, and operates unequally — here it suffers articles to be free that ought to be taxed, there it taxes those that ought to be free — in this case the proceeds are intended to be applied to purposes which we do not approve, in that the amount raised is more than is wanted. Congress, it is true, are invested by the Consti- tution, with the right of deciding these questions, according to their sound discretion. Congress is composed of the Representatives of all the States and all the people of the 14 States; but WE, part of the people of one State, to whom the Constitution has given no power on the subject, from whom it has expressly taken it away; we, who have solemn- ly agreed that this Constitution shall be our law — we, most of whom have sworn to support it — wc, now abrogate this law, and swear, and force others to swear, that it shall not be obeyed — and, we do this not because Congress have no right to pass such laws — this we do not alledge; but because they have passed them with improper views. They are unconstitutional from the motives of those who passed them, which we can never with certainty know, from their unequal operation, although it is impossible from the nature of things that they should be equal — and from the disposition which we presume may be made of their proceeds, although that disposition has not been de- clared. This is the plain meaning of the ordinance in re- lation to laws which it abrogates for alleged unconstitu- tionality. But it does not stop there. It repeals, in ex- press term-s, an important part of the Constitution itself, and of laws passed to give it effect, w^hich have never been alleged to be unconstitutional. The Constitution declares that the judicial powers of the United States extend to cases arising under the laws of the United States, and that such laws, the Constitution, and treaties, shall be paramount to the State Constitution and laws. The judiciary act prescribes the mode by which the case may be brought before a court of the U. States by appeal, when a State tribunal shall decide against this provision of the Constitution. The Ordinance declares there shall be no appeal; makes the State law paramount to the Consti- tution of the United States; forces judges and jurors to swear they will disregard its provisions; and even makes it penal in a suitor to attempt relief by appeal. It further de- clares that it shall not be lawful for the authorities of the United States, or of that State, to enforce the payment of duties imposed by the revenue laws within its limits. Here is a law of the United States, not even pretended to be imconstitutional, repealed by the authority of a small majority of the voters of a single State. Here is a provi- sion of the constitution which is solemnly abrogated by the same authority. On such expositions and reasonings, the ordinance grounds not only an assertion of the right to annul the laws of which it complains, but to enforce it by a threat of seceding from the Union, if any attempt is made to execute them. 15 This right to secede is deduced from the, nature of the constitution, which, they say, is a compact between the So- vereign States, who have preserved their whole sovereignty and therefore are subject to no superior; that because they made the compact they can break it, when, in their opin- ion, it has been departed from by the other States. Fal- lacious as this course of reasoning is, it enlists State pride, and finds advocates in the honest prejudice of those who have not studied the nature of our government sufficiently to see the radical error on which it rests. The people of the United States formed the constitution, acting through the State Legislature in making the com- pact, to meet and discuss its provisions, and acting in se- parate conventions when they ratified these provisions: but the terms used in its construction, show it to be a go- vernment in which the people of all the States collectively are represented. We are one people in the choice of the President and Vice-President. Here the States have na other agency than to direct the mode in which the votes shall be given. The candidates having the majority of all the votes are chosen. The electors of a majority of States may have given their votes for one candidate, and yet another may be chosen. The people then, and not the States, are represented in the Executive branch. In the House of Representatives there is this diflference that the people of one State do not, as in the case of Presi- dent and Vice-President, all vote for the same officers. The The people of all the States do not vote for all the mem- bers, each State electing only its own Representatives. — But this creates no material dislinction. When chosen, they are all representatives of ihe United States, not repre- sentatives of the particular State from which they come. — They are paid by the United States, not by the State, nor are they accountable to it for any act done in the perform- ance of their legislative functions; and, however they may in practice, as it is their duty to do, consult and prefer the interests of their particular constituents when they come in conflict with any other partial or local interest,yet it is their first and highest duty as representatives of the United States, to promote the general good. The constitution of the United States, then, forms a go- vernment, not a league; and whether it be formed by com- pact between the states, or in any other manner, its char- acter is the same. It is a government in which all the peo- 16 pie are represented, which operates directly on the people individually, not upon the states; they retained all the pow- er they did not grant. But each state having expressly parted with so many powers as to constitute jointly with the other states a single nation, cannot from that period possess any right to secede, because such secession does not break a league, but destroys the unity of a nation; and any injury to that unity is not only a breach which would result from the contravention of a compact, but it is an of- fence against the whole Union. To say that any state may at pleasure secede from the Union,is to say that the United States, are not a nation; because it would be a solecism to contend that any part of a nation might dissolve its con- nexion with the other parts, to their injury or ruin, without committing any offence. Secession, like any other revolutionary act, may be mor- ally justified by the extremity of oppression, but to call it a constitutional right, is confounding the meaning of terms; and can only be done through gross error, or to deceive those who are willing to assert a right, but would pause be- fore they made a revolution, or incur the penalties conse- quent on a failure. Because the Union was formed by compact, it is said the parties to that compact may, when they feel themselves aggrieved, depart from it; but tis precisely because it is a compact that they cannot. A compact is an agreement or binding obligation. It may, by its terms, have a sanction or penalty for its breach, or it may not. If it contains no sanction, it may be broken with no other consequence than moral guilt; if it have a sanction, then the breach incurs the designated or implied penalty. A league between inde- pendent nations, generally, has no sanction other than a moral one: or, if it should contain a penalty, as there is no common superior, it cannot be enforced. A government, on the contrary, always has a sanction, express or implied; and, in our case, it is both necessarily implied and express- ly given. An attempt by force of arms to destroy a govern- ment, is an offence, by whatever means the constitutional compact may have been formed ; and such government has the right, by the law of self defence, to pass acts for punish- ing the offender, unless that right is modified, restrained or resumed, by the constitutional act. In our system, although it is modified in the case of tfeason, yet authority is ex- pressly given to pass all laws necessary to carry its power into effect, and under this grant provision has been made 17 for punishing acts which obstruct the due administration of the laws. It would seem supei-fluous to add any thing to show the nature of that Union which connects us; but as erroneous opinions on this subject are the foundation of doctrine the most destructive to our peace, I must give some further de- velopement of my view^s upon this subject. No one, fel- low citizens, has a higher reverence for the reserved rights of the states, than the Magistrate who now addresses you. No one would make greater personal sacrifices, or official exertions, to defend them from violation; but equal care must be taken to prevent on their part an improper inter- ference with, or resumption of, the rights they have vested in the nation. The line has not been so distinctly drawn as to avoid doubts in some cases of the exercise of power. Men of the best intentions and soundest views may differ in their construction of some parts of the constitution; but there are others on which dispassionate reflection can leave no doubt. Of this nature appears to be the assumed right of a secession. It rests, as we have seen, on the alleged undivided sovereignty of the states, and on their having formed in this sovereign capacity a compact which is called the constitution, from which, because they made it, they have the right to secede. Both of these positions are erro- neous, and some of the arguments to prove them so have been anticipated. The States severally have not retained their entire sove- reignty. It has been shown that in becoming parts of a nation, not members of a league, they surrendered many of their essential parts of sovereignt}\ The right to make treaties — declare war — le^J taxes — exercise exclusive judi- cial and legislative powers — were all of them functions of sovereign power. The States, then, for all these important purposes, were no longer sovereign. 1'ne allegience of their citizens was transferred, in the first instance, to the Government of the United States — they became American citizens, and ovred obedience to the Constitution of the United States and to laws mnde in conformity with the powers vested in Congress. This last position has not been, and cannot be denied. How then can that State be said to be sovereign and independent, whose citizens ov/e obedience to laws not made by it, and whose magistrates are sworn to disregard those laws, when they come in con- flict with those passed by another? Vv^hat shows conclu- sively that the States cannot be said to have reserved and 3 IS undivided sovereignty is, that they expressly ceded the right to punish treason — not treason against their separate pow- er — but treason against the United States. Treason is an offence against soveueignty, and sovereignty must reside with the power to punish it. But the reserved rights of the States are not less sacred, because they have for their com- mon interest made the General Government the depository of these powers. The unity of our political character (as has been shown for another purpose) commenced with its very existence. Under the Royal Government we had no separate charter — our opposition to its oppression began as United Colonies. We were the United States under the confederation, and the name w'as perpetuated, and the Union rendered more perfect by the Federal Constitution: In none of these sta- ges did we consider ourselves in any other light than as forming one nation. Treaties asd alliances were made in the name of all. Troops were raised for the joint defence. How, then, with all these pioofs that under all changes of our position we had, for designated purposes and with de- fined powers, created National Governments — how is it, that the most perfect of those several modes of union should now be considered as a mere league, that may be dissolved at pleasurePIt is from an abuse of terms. Compact is used as synonymous with league, although the true term is not employed, because it would at once show the fallacy of the reasoning. It would not do to say that our constitution is only a league: but it is labored to prove it a compact, (which in one sense it is) and then to argue that as a league is a com- pact, every compact between nations must of course be a league, and that from such an engagement eveiy sovereign power has a right to secede. But it has been shown, that in this sense the States are not sovereign, and that even if they were, and the National Constitution had been founded by compact there would be no right in any one State to exonerate itself from its operations. So obvious are the reasons which forbid this secession, that it is necessary only to allude to them. The Union was formed for the benefit of all. It was produced by mutual sacrifices of interests and opinions. Can those sacrifices be recalled? Can the States who magnanimously surren- dered their title to the Territories of the West, recall the grant? Will the inhabitants of the inland States agree to jray the duties that may be imposed without their assent by 19 those on the Atlantic or the Gulf for their own benefit? — Shall there be a free port in one State, and onerous duties in another? No one believes that any right exists in a single State to involve all the others in these and countless other evils, contrary to the engagements solemnly made. Every one must see that the other States, in self- defence, m\ist oppose at all hazards. These are the alternatives that are presented by the Con- vention. A repeal of all the acts for raising revenue, leav- ing the Government without the means of support: or an acquiescence in the dissolution of our union by the seces- sion of one of its members. When the first was proposed, it was known that it could not be listened to for a moment. It was knov.^n that if force was applied to oppose the execu- tion of the laws,, that it must be repelled by force — that Congress could not, without involving itself in disgrace and the country in ruin, accede to the proposition; and yet, if this is not done in a given day, or if any attempt is made to execute the laws, the State is by the Ordinance, declared to be out of the Union. Themajoi'ity of a Convention assem bled for the purpose, have dictated these terms, or rather this rejection of all terms, in the name of the people oi South Carolina. It is true that the Governor of the State speaks of the submission of their grievances to a convention of all the States; which he says, they "sincerely and anx- iously seek and desire." — Yet this obvious and Constitu- tional mode of obtaining the sense of the other States on the construction of the federal compact, and amending it, if necessary, has never been attempted by those who have urged the State on to this destructive measure. The State might have proposed the call for a General Conven- tion to the other States; and Congress, if a sufficient num- ber of them concurred, might have called it. But the first Magistrate of South Carolina, when he expressed a hope that, "on a review by Congress and the functionaries of the General Government of the merits of the controversy" such a convention will be accorded to them, must have known that neither congress nor any functionary of the General Government has authority to call such a convention, unless it be demanded by two thirds of the States. This sugfTestion,then, is another instance of the reckless inattention to the provisions of the Constitution, with which this crisis has been hurried on; or the attempt to per- suade the people that a constitutional remedy had been sought and refused. If the Legislature of South Carolina 90 "anxiously desire" a General Convention to consider their complaints, why have they not made application lor it in the way the constitution points out? — The assertion that they "earnestly seek," it is completely negatived by the omission. This, then, is the position in which we stand. A small majority of the citizens of one State in the Union have ejected delegates to the state convention: that Conven- tion has ordained that all the revenue laws of the United States must be repealed, or that they are no longer a mem- ber of the Union. The Governor of that State has recom- mended to the Legislature the raising of an army to carry the secession into efrect, and that he may be empowered to give clearances to vessels in the name of the State. No act of violent opposition to the law's has yet been committed, but such a state of things is hourly apprehended, and it is the intent of this instrument to proclaim, not only that the duty imposed on m.e by the Constitution "to take care that the laws be faithfully executed," shall be performed to the extent of the power vested in me by law, or of such other as the wisdom of Congress shall devise and entrust to me for that purpose; but to v.-arn the citizens of South Carolina, who have been deluded into an opposition to the lavrs, of the danger they will incur by obedience to the illegal and disorganizing ordinance of theConvention — to exhort those who have refused to support it to persevere in their determi- nation to upheld the Constitu'iion and the laws of their country, and to point out to all, the perilous situation into which the grod people of that Stcte have been led — and that the course thej^ are urged to pursue is one of ruin and dis- . grace to the very state whose rights they aiybct to support. Fellow citizens of my native State — let m,e not only ad- monish you as the first Magistrate of our common country, not to incur the penalty of its laws, 1/ut use the influence that a f.ither would over his children whom he saw rurhing to certain ruin. In that paternn] language, with that paternal feeling, let me tell you, my countrymen, that you are delu- ded by men v.ho are eiiher deceived themselves, or wish to deceive 3 ou. Mail, under what pretences ycu have been led on to the brink of insurrection and tie; sen, en VvLich }cu stand! — Pirst a diminution of the value of your staple commodity, lowered by ever prcduciicn in other quarters, and the con- sequent diminution in the vrlue of your lands, were the sole effect of the tariil^lavNS. The erect of these lav.-s ere ccn- 21 fessedlyinjurious,but the evil was greatly exaggerated by the unfounded theory you were taught to believe, that its burthens were in proportion to your exports, not to your consumption ol imported articles. — Your pride was roused by the assertion that a submission to those laws was a state of vassalage, and that resistance to them was equal, in patriotic merit, to the opposition our fathars offered to the oppressive laws of Great Britain. You were told that this opposition might be peaceable; might be constitutionally made; that you might enjoy all the advantages of the Uni- on, and bear none of its burthens. Eloquent appeals to your passions, to your State pride, to your native courage, to your sense of real injury were used to prepare you for the period when the mask \\hich concealed the hideous features of disunion should be taken off. It fell, and you were made to look M'ith complacency on objects which, not long since, you would have regarded with horror. Look back at llie arts which have brought you to this state — look forward to the consequences to which it must inevitably lead! Look back to what vras first told you as an inducement to enter into this dangerous course. The great political truth was repeated to you, that you had the revolutionary right of resisting all laws that were palpably unconstitutional and intolerably oppres- sive — it was added that the right to nullify a law rested on the same principle, but that it was a peaceable remedy! — This character which was given to it, made you receive, with too much confidence the assertions that were made of the unconstitutionality of the law, and its oppressive ef- fects. I\Iark, my fellow-citizens, that by the admission of your leaders, the unconwtitutionality must palpable; or it will not justify either resistance or nullification! What is the meaning of the word palpable, in the sense in which it is here used? — that is apparent to every one: that which no man of ordinary intellect v.-ill fail to perceive. Is the un- constitutionality of these laws of that description? Let those among your leaders who once approved and advoca- ted the principle of protective duties, answer the question; and let them choose whether they will be considered as in- capable, then of perceiving that which must hare been ap- parent to every man of common understanding, or as im- posing upon }our confidence, and endearoring to mislead you now. In either case, they are unsafe guides in the perilous path they urge you to tread. Ponder well on this circumstance, and you will know how to appreciate the 39 exaggerated language they address to you. They a re not champions of liberty, emulating the fame of our Revolution- ary Fathers; nor are you an oppressed People contending, as they repeat to you, against worse than colonial vassal- age. You are free members of a flourishing and happy Union. There is no settled design to oppress you. I have urged you to look back to the means that were used to hurjy you on to the position you have now assum- ed, and forward to the consequences it will produce. Some- thing more is necessary. Contemplate the condition of that country of which you still form an important part ! — Consider its government, uniting in one bond of common interest and general protection so many different states, giving to all their inhabitants, the proud title of American Citizens, protecting their commerce, securing their lite- rature, and their arts,K^ciIitating their intercommunication, defending their frontiers, and making their name respected in the remotest part of the earth! Consider the extent of its territory, its increasing and happy population, its ad- vances in arls which render life agreeable, and in the sciences which elevate the mind! See education spread- ing the lights of religion, humanity, and general intbrma- tion into every cottage in this wide extent of our territories and states. Behold it is the asylum where the wretched and the oppressed find a refuge and support! Look on this picture of happiness and honor, and say — we, too, are citizens of America. Carolina is one of these proud states: her arms have cefended, her best blood has cemented this happy Union and then add, if you can, without horror and remorse, this happy Union we will dissolve — this picture of peace and prosperity we will deface; this free intercouse we will interru[)t — these fertile fields we will deluge with blood — the protection of that glorious flag we renounce; the very names of Americans, we discard. And for what, mistaken men! — for what do you throw away these inesti- mable blessings — for what would you exchange your share in the advantages and honor of the Union? For the dream of a separate independence — a dream interrupted by blood}' conflict with your neighbors and a vile dependence on a foreign power. If your leaders could succeed in establishing a separation, what would be your situation? Are you united at home — are you free from the apprehension of civil dis- cord, with all its fearful consequences? Do our neighbor- ing republics, everyday suffering some new revolution, or contending with some new insurrection; do they excite S3 your envy? But the dictates of a high duty oblige me so lemnly to announce that you cannot succeed. You have indeed felt the unequal operation of laws which may have been unwisely, not unconstitutionally pas- sed; but that unequality must necessarily be removed. At the very moment when you were madly urged on to the unfortunate course you have begun, a change in public opinion had commenced. The nearly approaching pay- ment of the public debt, and the consequent necessity of a diminution of duties, had already produced a considerable reduction, and that too on some articles of general con- sumption in your state. The importance of this change was understood, and you were authoratively told, that no fur- ther alleviation of your burthen was to be expected, at the very time when the condition of the country imperiously demanded such a modification of the duties as should re- duce them to a just and equitable scale. But, as if appre- hensive of the effect of this change in allaying your dis- contents, you were precipitated into the fearful state in which you find yourselves. The laws of the United States must be executed — I have no discretionary power on the subject — my duty is emphat- ically pronounced in the constitution. Those who told you that you might peaceably prevent their execution, deceived you — they could not have been deceived themselves. They know that a forcible opposition could alone prevent the execution of the laws, and they know that such opposition must be repelled. Their object is disunion; but be not deceived by names; disunion by armed force is treason. Are you really ready to incur its guilt? If you are, on the heads of the instigators of the act be the dreadful conse- quences — on their heads be the dishonor, but on yours may fi.ll the punishment — on your unhappy State will inevitably fall all the evils of the conflict you force upon the Govern- ment of your country. It cannot accede to the mad pro- ject of disunion of which you would be the first victims — its first Magistrate cannot if he would, avoid the peform- ance of his duty— the consequences must be fearful for you, distressing to your fellow citizens here, and to the friends of government throughout the w^orld. Its enemies have beheld our prosperity with a vexation they could not con- ceal — it was a standing refutation of their slavish doctrines, and they will point to out discord with the triumph of ma- lignant joy. It is yet in our power to disappoint them. 24 There is yet time to show that the descendants of the Pinckneys, the Sumpters, the Rutledges, and of the thou- sand other names which adorn the pages of our revokition- ary history, will not abandon that Union to support which so many of them fought and bled and died. I adjure you as you honor their memory; as you love the cause of freedom, to which they dedicated their lives, as you prize the peace of your country, the lives of its best citizens, and your own fair fame, to retrace your steps. Snatch from the archives of your state the disorganizing edict of its convention; bid its members to re-assemble and promulgate the decided expresions of your will to remain in the path which alone can conduct you to safety, prosperity and honor — tell them that compared to disunion all odier evils are light, because that brings with it an accumulation of all — declare that you will never take the field unless the star spangled ban- ner of your country shall float over you — that you will not be stigmatized when dead, and dishonored and scorned while you live, as the authors of the first attack on the con- stitution of your country! — Its destroyers you cannot be. You may disturb its peace — you may interrupt the course of its prosperity — you may cloud its reputation for stability — but its tranquility will be restored, its prosperity will return, and the stain up its national character wi'l be trans- ferred, and remain an eternal blot on the memory of those who caused the disorder. Fellow-citizens of the United States! The threat of un- hallowed disunion — the names of those, once respected, by whom it is uttered — the array of military force to support it — denotes the approach of a crisis in our affairs on v.-hich the continuance of our unexampled prosperity, our political existence, and perhaps that of all free government, may depend. The conjunction demanded a free, a full and ex- plicit enunciation, not only of my intentions, but of my prii - ciples of action; and as the claim vras asserted of a right by a state to annul the laws of the Union, and even to se- cede from it at pleasure, a frank exposition of my opinions in relation to the origin and form of our government, and the construction I give to the instrument by which it was created, seemed to be proper. Having the fullest confi- dence in the justness of the legal and constitutional opin- ion of my duties which has been expressed, I rely with equal confidence on your undivided support in my determina- tion to execute the laws; to preserve the Union by all con- stitutional means; to arrest, if possible, by moderate but .JJ^ ^5 firm measures, the necessity of a recourse to force; and if it be the will of Heaven that the recurrence of its primeval curse on man for the shedding of a brother's blood, should fall upon our land, that it be not called down by any offen- sive act on the part of the United States. Fellow citizens! The momentous case is before you. On your undivided support of your government depends the decision of the great question it involves, whether your sacred Union will be preserved, and the blessings it secures to us as one people shall be perpetuated. No one can doubt that the unanimity with which that decision will be expressed, will be such as to inspire new confidence in re- publican institutions and that the prudence, the wisdom, and the courage which it will bring to their defence, will transmit them unimpaired and invigorated to our children. May the Great Ruler of Nations grant that the signal blessings with which he has favored ours, may not, by the madness of party or personal ambition, be disregarged and lost; and may His wise Providence bring those who have produced this crisis, to see their folly, before they ieel the misery of civil strife; and inspire a returning veneration for that Union, which, if we dare to penetrate His designs, he has chosen as the only means of attaining the high desti- nies to which we may reasonably aspire. In testimony whereof, I have caused the Seal of the United States to be hereunto affixed, having signed the same with my hand. Done at the City of Washington this 10th day of December, in the year of our Lord, one thousand eight hundred and thirty-two, and of the independence of the United States the fifty-seventh. By the President: ANDREW JACKSON, £wD. LiVIXGSTOX, Secretary of State. Mr. McCreery moved the adoption of the following re- solutions: Resolved by the General Assembly, That a joint select committee [the House of Representatives concurring] be appointed to contract for the printing of 3000 copies of the late Proclamation of the President of the United States, re- lative to the Ordinance of S. Cai-olina, on the subject of Nullification, for the use of the General Assembly, and that 4 S6 the Governor's Message, and the joint preamble and reso- lutions accompany the same. Ordered^ That Messrs. McCreery and Snyder, be the Committee on the part of the Senate. Whereas^ The President of the United States, in his pro- clamation of the 10th instant, has exhibited a just view of the origin of our free Constitution, and of the powers con- fided, by that sacred instrument, to the States and the Gen- eral Government: JJnd whereas^ by the said Proclamation, the assumed power of a . State to annul a law of Congress is conclusively shewn to be "incompatible with the exis- tence of the Union, contradicted expressly by the letter of the Constitution, unauthorized by its spirit, mconsistent with every principle on which it was founded, and destmc- tive ot the great object for which it was formed:" And whereas, the particular application of this assumed power to the alleged grievances of S. Carolina, is most ably and unanswerably refuted; and the dangerous and treasonable doctrine of the right of secession, combatted by the clearest reasoning, is denounced in a spirit of devoted attachment to the Union: And whereas, also, the Executive has ex- pressed a confident reliance on the undivided support of the nation, in his "determination to execute the laws; to pre- serve the Union, by all constitutional means; and to arrest, if possible, by moderate but firm measures, the necessity of a recourse to force." Therefore, Resolved by the People of the State of Illinois, represented in the General Assembly, That we highly ap- prove the sentiments contained in the said Proclamation, and the avowed purpose of repelling the unconstitutional and dangerous designs announced in the "disorganizing edict" of the S. Carolina Convention. Resolved, That whilst we admire the firmness that would resist "the mad project of disunion," we cordially approve the spirit of moderation which deprecates "any offensive act on the part of the U. States." Resolved, That "disunion by armed force is treason," and should be treated as such by the constituted authorities of the nation. Resolved, That whilst we deplore the spirit of disaffec- tion manifested by our S. Carolina brethren, and should hail with unmingled satisfaction their return to the first great principles of our Union, we hold it to be the duty of every citizen of the U. States, without distinction of sect or par- «7 ty, to rally to the support of the great charter of American freedom. Resolved, That should the pacific invitation, and solemn warning of our illustrious President, fail to recal the disaf- fected to their duty — should the anti-republican doctrine of nullification be persisted in, and treason rear its polluted form, within the bosom of our prosperous, patriotic, and peaceful Repullic, we do hereby instruct our Senators in Congress, and request our Representatives, to unite in the most speedy and vigorous measures on the part of the Gen- eral Government, for the preservation of the peace, integ- rity and honor of the Union. And we do hereby solemnly pledge the faith of our State in support of the administra- tion of the laws and Constitution of our beloved country. Resolved, That a copy of the foregoing resolutions be transmitted to the President of the United States, to the heads of the several Departments at Washington, and to our Senators and Representatives in Congress. The foregoing resolutions were unanimously adopted by the Senate. JESSE B. THOMAS, Secretary of the Senate. LIBRARY OF CONGRESS .. Illlilllllilllllilll 011 899 091 2 11 LIBRARY OF CONGRESS 011 899 091 2 ll f^^5t»m*1ift5-.