|
OOOWhereas
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
commodities, and now having actual operation and effect within the
United States, and more especially "two acts for the same
purposes, passed on the 29th of May, 1828, and on the 14th of July,
1832, are unauthorized by the Constitution 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 the said ordinance it is further declared to he
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 necessary to give full effect
to the said ordinances:
OOOAnd whereas, by the said ordinance it
is further ordained, that, in no case of law or equity, decided in the
courts of said State, wherein shall be drawn in question the validity
of the said ordinance, 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 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 person attempting to take such appeal, shall be punished
as for a contempt of court:
OOOAnd, 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 other act of the Federal Government to
coerce the State, shut up her ports, destroy or harass 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 absolved from all further obligation to
maintain or preserve their political connection with the people of the
other States, and will forthwith proceed to organize a separate
government, and do all other acts and things which sovereign and
independent States may of right do.
OOOAnd whereas the said ordinance
prescribes to the people of South Carolina a course of conduct in
direct 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 instruction 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
common cause, through the sanguinary struggle to a glorious
independence that sacred Union, hitherto inviolate, which,
perfected 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, equaled in the history of nations; to
preserve this bond of our political existence from destruction, to
maintain inviolate this state of national honor and prosperity, and to
justify the confidence my fellow citizens have reposed in me,
I, Andrew Jackson, President of the United States, have thought proper
to issue this my PROCLAMATION, 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 patriotism of the people, warn them
of the consequences that must inevitably result from an observance of
the dictates of the Convention.
OOOStrict duty would require of me
nothing more than the exercise of those powers with which I am now, or
may hereafter be, invested, for preserving 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 a hope that
anything will be yielded to reasoning and remonstrances, 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.
OOOThe 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 construction
of that instrument permits a State to 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 resisting laws of that
description, coupled with the uncontrolled right to decide what laws
deserve that character, is to give the power of resisting all laws.
For, as by the theory, 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 deemed a sufficient guard against the passage
of an unconstitutional act by Congress. There is, however, a restraint
in this last case, which makes the assumed power of a State more
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 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 judges in every
State shall be bound thereby, anything 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
unconstitutional, 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 anywhere; for all imposts must be equal. It is no answer to
repeat that an unconstitutional law is no law, so long as the question
of its legality is to be decided by the State itself, for every law
operating injuriously upon any local interest will be perhaps thought,
and certainly represented, as unconstitutional, and, as has been
shown, there is no appeal.
OOOIf 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-intercourse law in
the Eastern States, 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 right now claimed by South Carolina. The
war into which we were forced, to support the dignity of the nation
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 ruinous and unconstitutional measure, had thought they possessed the
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 Union, to the legislatures of none
did this efficient and peaceable remedy, as it is called, suggest
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.
OOOIf 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
abundant proof that it would have been repudiated with indignation had
it been proposed to form a feature in our Government.
OOOIn 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 defense, and before the Declaration of Independence, we were
known in our aggregate character as the United Colonies of America.
That decisive and important step was taken jointly. We 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,
collectively, form one nation, 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 abide by the determinations of Congress on all
questions which by that Confederation should be submitted to them."
OOOUnder 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 Government could not operate on individuals. They had no
judiciary, no means of collecting revenue.
OOOBut the defects of the Confederation
need not be detailed. Under its operation we could scarcely be 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 announced in
the preamble made in the name and by the authority of the people of
the United States, whose delegates framed, and whose conventions
approved it.
OOOThe most important among these
objects, that which is placed first in rank, on which all the others
rest, is "to form a more perfect 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,
it can be conceived that an Instrument made for the purpose of "forming;
a more perfect Union" than that of the 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 man, of plain, unsophisticated
understanding, who hears the question, will give such an answer as
will preserve the Union. Metaphysical subtlety, in pursuit of an
impracticable theory, could alone have devised one that is calculated
to destroy it.
OOOI consider, then, the power to annul
a law of the United States, assumed by one State, incompatible
with the existence 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 destructive of the great
object for which it was formed.
OOOAfter this general view of the
leading principle, we must examine the particular application of it
which is made in the ordinance.
OOOThe 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
intended 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 unauthorized by the Constitution. These are the
only causes alleged to justify an open opposition to the laws of the
country, and a threat of seceding from the Union, if any attempt
should be made to enforce them. The 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 unconstitutional 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 purposes be falsely imputed ? In how many cases are they concealed
by false professions? In how many is no declaration 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 may annul an unconstitutional law, or one that it deems such,
it will not apply to the present case.
OOOThe next objection is, that the laws
in question operate unequally. This objection may be made with truth
to 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. If 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 have received it as the work of
the assembled wisdom of the nation We have 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 looked 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 defense 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 constitutional reform was
intrusted? Did the name of Washington sanction, did the States
deliberately ratify, such an anomaly 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 constitutional
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
application. Search the debates in all their conventions
examine the speeches of the most zealous opposers of federal authority
look at the amendments that were proposed. They are all silent
not a syllable uttered, not a vote given, not a motion made, to
correct the explicit supremacy 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 Constitution is still the
object of our reverence, the bond of our Union, our defense 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 into existence, will again be
patriotically offered for its support.
OOOThe two remaining objections made by
the ordinance to these laws are, that the 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 abuse it, and thus procure redress.
Congress may undoubtedly abuse this discretionary power, but the same
may be said of others with which they 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 South Carolina
construction gives it to the legislature, or the convention of a
single State, where neither the people of the different States, nor
the States in their separate capacity, nor the chief magistrate
elected by the people, have any representation. Which is the most
discreet disposition of the power? I do not ask you, fellow-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 of
this discretionary 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
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? 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 United States displeased any of the
States, and that we should soon cease to be a nation.
OOOThe 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.
OOOThese 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 correctness, 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
Carolina 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 absurdity 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 embodied for a similar purpose.
OOOIn vain have these sages declared
that Congress shall have power to lay and collect taxes, duties,
imposts, and excises-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; that the judges in every State
shall be bound thereby, anything in the constitution or laws of any
State to the contrary notwithstanding." 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..
OOOVain 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 Constitution with the right of deciding these
questions according to their sound discretion. Congress is composed of
the representatives of all the States, and of all the people of all
the 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 solemnly agreed that this
Constitution shall be our law we, most of whom have sworn to
support it we 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
allege; 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 declared.
This is the plain meaning of the ordinance in relation to laws which
it abrogates for alleged unconstitutionality. But it does not stop
here. It repeals, in express terms, an important part of the
Constitution itself, and of laws passed to give it effect, which 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
constitutions and laws. The judiciary act prescribes the mode by which
the case may be brought before a court of the United 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 Constitution and laws of the
United States; forces judges and jurors to swear that they will
disregard their provisions; and even makes it penal in a suitor to
attempt relief by appeal. It further declares 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.
OOOHere is a law of the United States,
not even pretended to be unconstitutional, repealed by the authority
of a small majority of the voters of a single State. Here is a
provision of the Constitution which is solemnly abrogated by the same
authority.
OOOOn 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.
OOOThis right to secede is deduced from
the nature of the Constitution, which they say is a compact between
sovereign 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 opinion it has been departed
from by the other States. Fallacious as this course of reasoning is,
it enlists State pride, and finds advocates in the honest prejudices
of those who have not studied the nature of our government
sufficiently to see the radical error on which it rests.
OOOThe people of the United States
formed the Constitution, acting through the State legislatures, in
making the compact, to meet and discuss its provisions, and acting in
separate conventions when they ratified those provisions; but the
terms used in its construction show it to be a government 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 no other agency than to direct the mode in which the vote
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.
OOOIn the House of Representatives there
is this difference, that the people of one State do not, as in the
case of President and Vice President, all vote for all the members,
each State electing only its own representatives. But this creates no
material distinction. When chosen, they are all representatives of the
United States, not representatives 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 performance 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.
OOOThe Constitution of the United
States, then, forms a government, not a league, and whether it be
formed by compact between the States, or in any other manner, its
character is the same. It is a government in which ale the people are
represented, which operates directly on the people individually, not
upon the States; they retained all the power 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 offense 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
connection with the other parts, to their injury or ruin, without
committing any offense. Secession, like any other revolutionary act,
may be morally 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 before they made a
revolution, or incur the penalties consequent upon a failure.
OOOBecause the Union was formed by
compact, it is said the parties to that compact may, when they feel
themselves aggrieved, depart from it; but it is 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 independent 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 expressly given. An attempt by force of arms
to destroy a government is an offense, by whatever means the
constitutional compact may have been formed; and such government has
the right, by the law of self-defense, to pass acts for punishing 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 treason, yet authority is expressly given to pass all laws
necessary to carry its powers into effect, and under this grant
provision has been made for punishing acts which obstruct the due
administration of the laws.
OOOIt would seem superfluous to add
anything to show the nature of that union which connects us; but as
erroneous opinions on this subject are the foundation of doctrines the
most destructive to our peace, I must give some further development to
my views on this subject. No one, fellow-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 interference
with, or resumption of, the rights they have vested in the nation.
OOOThe 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 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 erroneous, and some of
the arguments to prove them so have been anticipated.
OOOThe States severally have not
retained their entire sovereignty. It has been shown that in becoming
parts of a nation, not members of a league, they surrendered many of
their essential parts of sovereignty. The right to make treaties,
declare war, levy taxes, exercise exclusive judicial and legislative
powers, were all functions of sovereign power. The States, then, for
all these important purposes, were no longer sovereign. The allegiance
of their citizens was transferred in the first instance to the
government of the United States; they became American citizens, and
owed obedience to the Constitution of the United States, and to laws
made 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 owe obedience
to laws not made by it, and whose magistrates are sworn to disregard
those laws, when they come in conflict with those passed by another?
What shows conclusively that the States cannot be said to have
reserved an undivided sovereignty, is that they expressly ceded the
right to punish treason not treason against their separate
power, but treason against the United States. Treason is an offense
against sovereignty, 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 common 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
character; our opposition to its oppression began as UNITED COLONIES.
We were the UNITED STATES under the Confederation, and the name was
perpetuated and the Union rendered more perfect by the federal
Constitution. In none of these stages did we consider ourselves in any
other light than as forming one nation. Treaties and alliances were
made in the name of all. Troops were raised for the joint defense.
How, then, with all these proofs, that under all changes of our
position we had, for designated purposes and with defined powers,
created national governments how is it that the most perfect of
these several modes of union should now be considered as a mere league
that may be dissolved at pleasure ? It 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 was 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 compact, every compact
between nations must, of course, be a league, and that from such an
engagement every sovereign power has a right to recede. 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 formed by
compact, there would be no right in any one State to exonerate itself
from the obligation.
OOOSo 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
sacrifice of interest and opinions. Can those sacrifices be recalled?
Can the States, who magnanimously surrendered their title to the
territories of the West, recall the grant? Will the inhabitants of the
inland States agree to pay the duties that may be imposed without
their assent by those on the Atlantic or the Gulf, for their own
benefit? Shall there be a free port in one State, and enormous 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
engagements solemnly made. Everyone must see that the other States, in
self-defense, must oppose it at all hazards.
OOOThese are the alternatives that are
presented by the convention: A repeal of all the acts for raising
revenue, leaving the government without the means of support; or an
acquiescence in the dissolution of our Union by the secession 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 known if force was
applied to oppose the execution 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. The majority of a convention assembled for the purpose
have dictated these terms, or rather this rejection of all terms, in
the name of the people of 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
anxiously seek and desire." Yet this obvious and constitutional
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 a call for a general convention
to the other States, and Congress, if a sufficient number of them
concurred, must 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 in the general
government, has authority to call such a convention, unless it be
demanded by two-thirds of the States. This suggestion, then, is
another instance of the reckless inattention to the provisions of the
Constitution with which this crisis has been madly hurried on; or of
the attempt to persuade the people that a constitutional remedy has
been sought and refused. If the legislature of South Carolina "anxiously
desire" a general convention to consider their complaints, why
have they not made application for it in the way the Constitution
points out? The assertion that they "earnestly seek" is
completely negatived by the omission.
OOOThis, then, is the position in which
we stand. A small majority of the citizens of one State in the Union
have elected delegates to a State convention; that convention has
ordained that all the revenue laws of the United States must be
repealed, or that they are no longer a member of the Union. The
governor of that State has recommended to the legislature the raising
of an army to carry the secession into effect, and that he may be
empowered to give clearances to vessels in the name of the State. No
act of violent opposition to the laws 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 me by the
Constitution, '` to take care that the laws be faithfully executed,"
shall be performed to the extent of the powers already vested in me by
law or of such others as the wisdom of Congress shall devise and
Entrust to me for that purpose; but to warn the citizens of South
Carolina, who have been deluded into an opposition to the laws, of the
danger they will incur by obedience to the illegal and disorganizing
ordinance of the convention to exhort those who have refused to
support it to persevere in their determination to uphold the
Constitution and laws of their country, and to point out to all the
perilous situation into which the good people of that State have been
led, and that the course they are urged to pursue is one of ruin and
disgrace to the very State whose rights they affect to support.
OOOFellow-citizens of my native State !
let me not only admonish you, as the first magistrate of our common
country, not to incur the penalty of its laws, but use the influence
that a father would over his children whom he saw rushing to a certain
ruin. In that paternal language, with that paternal feeling, let me
tell you, my countrymen, that you are deluded by men who are either
deceived themselves or wish to deceive you. Mark under what pretenses
you have been led on to the brink of insurrection and treason on which
you stand! First a diminution of the value of our staple commodity,
lowered by over-production in other quarters and the consequent
diminution in the value of your lands, were the sole effect of the
tariff laws. The effect of those laws was confessedly injurious, but
the evil was greatly exaggerated by the unfounded theory you were
taught to believe, that its burdens were in proportion to your
exports, not to your consumption of imported articles. Your pride was
aroused by the assertions that a submission to these laws was a state
of vassalage, and that resistance to them was equal, in patriotic
merit, to the opposition our fathers offered to the oppressive laws of
Great Britain. You were told that this opposition might be peaceably
might be constitutionally made that you might enjoy all the
advantages of the Union and bear none of its burdens. 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 which concealed the hideous features of DISUNION should be taken
off. It fell, and you were made to look with complacency on objects
which not long since you would have regarded with horror. Look back to
the arts which have brought you to this state look forward to
the consequences to which it must inevitably lead! Look back to what
was 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 oppressive 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 effects. Mark, my
fellow-citizens, that by the admission of your leaders the
unconstitutionality must be 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 which is apparent to
everyone, that which no man of ordinary intellect will fail to
perceive. Is the unconstitutionality of these laws of that
description? Let those among your leaders who once approved and
advocated the principles of protective duties, answer the question;
and let them choose whether they will be considered as incapable,
then, of perceiving that which must have been apparent to every man of
common understanding, or as imposing upon your confidence and
endeavoring 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 exaggerated
language they address to you. They are not champions of liberty
emulating the fame of our Revolutionary fathers, nor are you an
oppressed people, contending, as they repeat to you, against worse
than colonial vassalage. You are free members of a flourishing and
happy Union. There is no settled design to oppress you. You have,
indeed, felt the unequal operation of laws which may have been
unwisely, not unconstitutionally passed; but that inequality 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 has commenced. The nearly approaching payment of the public
debt, and the consequent necessity of a diminution of duties, had
already caused a considerable reduction, and that, too, on some
articles of general consumption in your State. The importance of this
change was underrated, and you were authoritatively told that no
further alleviation of your burdens was to be expected, at the very
time when the condition of the country imperiously demanded such a
modification of the duties as should reduce them to a just and
equitable scale. But as apprehensive of the effect of this change in
allaying your discontents, you were precipitated into the fearful
state in which you now find yourselves.
OOOI have urged you to look back to the
means that were used to burly you on to the position you have now
assumed, and forward to the consequences they will produce. Something
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 CITIZEN protecting their commerce securing
their literature and arts facilitating their intercommunication
defending their frontiers and making their name
respected in the remotest parts of the earth! Consider the extent of
its territory its increasing and happy population, its advance in
arts, which render life agreeable, and the sciences which elevate the
mind! See education spreading the lights of religion, morality, and
general information into every cottage in this wide extent of our
Territories and States! Behold it as 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 defended
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
intercourse we will interrupt these fertile fields we will
deluge with blood the protection of that glorious flag we
renounce the very name of Americans we discard. And for what,
mistaken men! For what do you throw away these inestimable 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 bloody conflicts 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
discord, with all its fearful consequences? Do our neighboring
republics, every day suffering some new revolution or contending with
some new insurrection do they excite your envy? But the
dictates of a high duty oblige me solemnly to announce that you cannot
succeed. The laws of the United States must be executed. I have no
discretionary power on the subject my duty is emphatically
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 head of the
instigators of the act be the dreadful consequences on their
heads be the dishonor, but on yours may fall the punishment on
your unhappy State will inevitably fall all the evils of the conflict
you force upon the government of your country. It cannot accede to the
mad project of disunion, of which you would be the first victimsi
ts first magistrate cannot, if he would, avoid the performance of his
duty the consequence must be fearful for you, distressing to
your fellow-citizens here, and to the friends of good government
throughout the world. Its enemies have beheld our prosperity with a
vexation they could not conceal it was a standing refutation of
their slavish doctrines, and they will point to our discord with the
triumph of malignant joy. It is yet in your power to disappoint them.
There is yet time to show that the descendants of the Pinckneys, the
Sumpters, the Rutledges, and of the thousand other names which adorn
the pages of your Revolutionary 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 expressions 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 other evils
are light, because that brings with it an accumulation of all
declare that you will never take the field unless the star-spangled
banner 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 Constitution of your
country!i ts 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 tranquillity
will be restored, its prosperity will return, and the stain upon its
national character will be transferred and remain an eternal blot on
the memory of those who caused the disorder.
OOOFellow-citizens of the United States!
the threat of unhallowed disunion the names of those, once
respected, by whom it is uttered the array of military force to
support it denote the approach of a crisis in our affairs on
which the continuance of our unexampled prosperity, our political
existence, and perhaps that of all free governments, may depend. The
conjuncture demanded a free, a full, and explicit enunciation, not
only of my intentions, but of my principles of action, and as the
claim was asserted of a right by a State to annul the laws of the
Union, and even to secede 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 confidence in the justness of
the legal and constitutional opinion of my duties which has been
expressed, I rely with equal confidence on your undivided support in
my determination to execute the laws to preserve the Union by
all constitutional means to arrest, if possible, by moderate
but 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 offensive act on the part of the United
States.
OOOFellow-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 blessing 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 he such as to inspire new
confidence in republican institutions, and that the prudence, the
wisdom, and the courage which it will bring to their defense, will
transmit them unimpaired and invigorated to our children.
OOOMay 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 disregarded and lost,
and may His wise providence bring those who have produced this crisis
to see the folly, before they feel the misery, of civil strife, and
inspire a returning veneration for that Union which, if we may dare to
penetrate his designs, he has chosen, as the only means of attaining
the high destinies 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.
ANDREW JACKSON. By the
President
EDW. LIVINGSTON,
Secretary of State.
|
|