Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-12-13
PROCLAMATION.

| PROCLAMATION,
BY ANDREW JACKSON, President of the United States
whereas, Convention assembled i'm the of South
Carolina, have passed ordinance by which they dc
clare, That the several acts and parts of OF
Congress OF the u States purporling be laws for the
imposing oil duties and mposs the importation of TO
reign commodities, and having actual operation ant
effect within the United States, and mere especially" tive
acts Tor the same purposes passed the 29th OF May
lS2S and on the nth Of July, 1882, are unauorizet
by the Constitution of the u States violate the true
meaning and intent thereof and null and void and
law nor binding on the citizens of that State its Off
GERS: and by the said Ordinance it is further declared
be unlawful for any of the constituted authorities o
the State or OF the United States enforce the pay
nent OF the duties imposed by the said acts within III,
STATE and that the duty of the Legislature Il
the said Ordinance;
And Whereas by the said Ordinance is further ordain
ed that in no case OF law equity, decided in the Cou
OF said State, wherein shall be drawn in question the va
idy OF the said Ordinance of the OF the Legis
aure that may be passed TO give il effect OF the said
laws of the United States appeal shall be allowed 10
the Supreme Court of the United States nor shall any
copy OF the record be permitted allowed Tor that pur-
shall be punished as for contempt of Court;
And, finally, the said Ordinance declares that the pco
pie OF South Carolina will maintain the said Ordinance
every hazart and that they will consider the passage
any act by Congress abosng closing the ports the
sad state, or Otherwise Obs;rucng the free ngress
egress OF vessels 10 and from the said ports or any other
act OF the Federal Government the State shut
up her ports destroy harras her commerce. or TO
iorce the said acts otherwise than through the civil
nnuance OF South Carolina in the Unions and that the
people of the said State will thenceorth hold themselves
absolved from all further obligation maintain or pre-
serve their political connection with the people of the
other States, and will forthwith proceed TO organize Sc.
parate Government and do all other and things which
sovereign and independent States may OF right do;
AND WHEREAS the said Ordinance prescribes 10 the
people oil South Carolina of conduct i'm direct
violation OF their duty citizens of the United States
contrary TO the laws OF their country sbvcrsivc OF
constitution, and having for its object the destruction
the Union that Union, which, coeval with our political
existence, led fathers without other ties 10 unite
them than those OF patriotism and a common cause
through sangunary struggle glorious indie pendence
that sacred Union, hitherto nvioate which, perfected
oy our happy Constitution has brought by the favor
Heaven to state OF prosperity ome and high consider
aon abroad rarely il equaed in the history of
Tons TO preserve this bond of our political existence
from destruction 10 maintain nvolae this state OF national
nonor ana prosperity, aud to justify the confidence my
fellow citizens have reposed in me, L. ANDREW JACK
SON, President Of the United States have thoue pro
per to issue this my PROCLAMATION, stating my views
oil the Constitution and laws applicable to the measures
adopted by the Convention of South Carolina and to the
reasons they have put forth 10 sustain them declaring the
course which duty will require to pursue, and, APP
pealng 10 the understanding and patriotism peoDle
warn them oil the consequences that must inevitably re-
suit from an observance of the dictates the Convention
Strict duty would require of nothing more than the
exercise OF those powers with which now or NAV
hereafter be invested for preserving the peace of the
Union and Tor the execution Of the laws. But the mpos-
ing aspect which opposition has assumed in this case bv
clothing itself with State authority and the deep interest
which the people ote United States must all feel in
venting resort TO stronger measures, while there is
nope That any thing will be yielded reasoning and re-
monsrance, perhaps demanded and will certainly iusfv
full exposition TO South Carolina and the nation of the
views entertain OF this important question: as well as
distinct enuncaon OF the course which nv sense m dut
Will require pursue.
The Ordinance is founded, on the n,lefeasibc right
oil resisting acts which are plainly and too
oppressive to be endured; but the strange position that
any one State may not only declare Act of Congress
Vou Dut promDi ITS eXecuton--that they may do this con-
sisteny with the Constution-tha the true construction
ts IN
Union, and yet be bound by other of its laws than those
II may choose TO consider constitutional IL is true thev
add that TO Justify this abrogaon OF law il must be nal
paby contrary TO the Constitutions but evident that to
give the right of resisting laws description coupled
with the uncontrolled right to decide what laws deserve
that character, is 10 give the power of resisting all laws
For as by the theory there is no appeal the reasons AL
legged by the State good bad must prevail iii should
be SAID tha public opinion in sufficient check against the
abuse OF tins power may be asked why moi deemed
suhcient guard against the passage OF unconstu-
onal Act by Congress. There is however restraint in
is last case, which makes the assumed power of State
more lhdeiensiDe and which does not exist in the other
here are two appeals from unconstitutional Act
by CongTeSsone 10 the Judiciary the other TO the Pen
PEE ana Tie States There appeal from the State de-
clsion IN theory and the practical illustration shows that
the courts are closed against application 10 review
both judges and Jurors being sworn TO decide in m favor
ut reasoning ON this subject is superuous when
ca compact III express terms Declares that the laws of
the United States, its Constitution and treaties made under
IT. are the supreme law of the ldnd-and for greater eau
on adds that the Judges every State shall he hound
thereby any thing in the Constitution laws of anv State
TO the contrary Notwithstanding" And il NAV be asserted
without lear OF reuaon that Feherave Government
could exist without similar provision. Look for mo.
men to the consequence. If South Carolina considers the
revenue laws unconstitutional, and has rio bit To-
their execution in the port OF Charleston there would no
clear constitutional objection their collection i'm every
other port, and could be collected any
Tor all mposts mus be equal II is answer TO repeat
that an unconstitutional law is law, long ms the
ZION OF It's legality is TO be decided by the State ITSELF for
every law operating imperously upon any interest
WIZ oe perhaps thought and certainly represented as
CONSTITUTIONAL and has been shown there is no appea
II this doctrine had been established at an earlier
the Union would have been dissolved in its infancy The
excise law NJ PeDnsyvania, the embargo and
course law IN the Eastern Siaes the rage fax in Vr
ginI' were all deemed unconstitutional, were more
unequal IN their operation than sny OF tie laws now COM
planned oil but fortunately OF those States discover
ed that they had the right claimed by South Carroll
"a. The war into which forced 10 support fine
dgny oil The nation and the rights OF our citizens might
nave ended IN defeat and disgrace instead victory and
honor, u the States who supposed il rninous and uncon
siiiuonai measure had thought they possessed the right
OF nuying the act By which il was clared and deny
ing supplies Tor if prosecution Hardly and unequally
as those measures bore upon several members OF The
Union, 10 The Legislatures OF did this efficient and
pedceabe remedy, as IL is called, suggest itself he
discovery OF this important feature in our Constitution wa
reserved TO the present day o the statesmen Of South
Carolina belongs the invention and upon the citizens of
that State will unfoiun ely fall the evils Of reducing il
10 practice
II the doc rine Of Sate veto upon the laws Of the
Union carries viii II internal evidence OF lie impractical
bic ahsur1ity, consli uiona history will also afford
abundant proof that would have been repudated with
indignation had il been proposed TO form feature in our
Government.
10 colonial state although dependent ON another
power, very early considered ourselves as connected
by common interest with each other Leagues were