The Massachusetts spy. [volume] (Worcester [Mass.]) 1831-1858, 1832-12-19
PROCLAMATION
p, AxnErw JACKSON, Prssidaa: Of lie {. g'aie'

-
rh;cb ,bey declare That the several acts and
,r,s of acls of the Congress of the United States
nurnortinq TO be laws for the imposing OF duties
and imposls on the importation oil foreign eomploo-
tics and now having actual operation ana eiiect
within The United States and more especially,'
,, sc,s for the same purposes passed on the 99th
Of Nav 1898 and on the l4th OF July, l0oZ, are
unauthorized by the Constitution OF the United
States and violate the true meaning ana intent
thereof and are null and void, and no law.
binding on the citizens oil that o'a'e "r us on
GERS; and by the said Ordinance, II Is further de-
clared 10 be unlawful for any OF the constituted
authorities Of the State or Of the United States to
enforce the payment of the duties lhporaI by me
said acts within the same state, and Thai II is the
duty of the Legislature 10 pass such laws as may be
necessary 10 give full effect to the said Ordinance
AND wErREAs by the said Ordinance il is fur
ther ordained that in case OF law or equity, de-
cided in the Courts Of said State, wherein shall be
drawn in question the validity OF the SAID ordl-
nance or of the acts Of the Legislature that may
be passed to give ii effect, OF of the said laws OF
Tho limited 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 10
take such appeal snail De puhisheu as Tor con-
tempt Of Court
And, finally the said Ordinance delarcs that the .
peop,e Of South Carolina will MAINTAIN the said !
Ordnance at every hazard and that they will con-
slider the passage of any act by Congress abohshlng
obstructng the free ingress and egress OF vessels TO
and from the said ports any other act Of the fed
eral government to cnerce the state, shut up her
ports destroy or harass her commerce, or to en-
force the said acts Otherwise than through the civil
tribunals Of the-cauHiry, as inconsistent with the
lonaer continuance Of South Carolina in the Uniop
and that the people Of the said State will thence
forth hold themselves absolyed from all further OBJ
liration to maintain or preserve their political con-
nection with the people of the other States, and
II c,x.h In n
eminent, and do all other acts and things which
sovereign and independent States may Of right do:
And whereas the said Ordinance prescrlbes TO
the people Of South Carolina course &c conduct
in direct violation of their duty citizens Of the
United States, contrary to the laws of their
Try. subversve oi its constitution, and having for
its object the destruction Of the union-that Un-
ion, which, coeval with our political existence. led
our fathers. without any other ties to unite them
than those Of patriotism and common cause,
through a sangunary struggle 70 glorious indie
pendence-that sacred Union, hitherto invioiate
which, perfected by 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 Iuvolate this state
of national honor and prosperity. and To Justify the
confidence my fellow citizens have reposed in me,
!, ANDREW JACKSON, President of the United
States, have thought proper TO this, my
stuton and laws applicable to the measures adopt
ed by the Convention Of South Carolina and to the
they have put forth to sustain them. declar
ing the course which duty will require to pur-
sue, and, appealing To the understanding and pa
trotsm of the people, them of the conse
quences that must ineviiabl, result from observ
ance of the dictates Of the Convention
Strict duty would require of me nothing more
than the exercise Of those powers with which |
am now or NAV hereafter be invested, for preserv-
ing the peace Of the Union and for the execution
OF the laws. But The imposing aspect which oppo-
stion 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 WELDED TO
reasoning and remoBstrance, perhaps demand. and
will certainly justify full exposition. to South
Carolina and the nation Of the views entertain Of
this important question, well rs distinct enun-
citation of the course which my sense of duty viii
require me TO pursue.
The Ordinance is founded, not on the indefeasi-
bic right of resisting acts which plainly uncnn.
siitutional and too oppressive to be endured but
the strange position that any State NAV not
only declare an act of Congress void but prohibit
its execution-that they may do this consistently
with the Constituton-that the true construction
Of that instrument permits State to retain lis
place in the Union and vet be bound bv no other o
its laws than those il NAV choose to consider con
stituiIonal 1t is true, they add that to justify this
abrog Of law, it must be papably 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 re-
sistIng all laws. For, 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 no. deemed a
sufficient guard against the passage Of unconsl-
tutional Act by Congress. There is however a
restraint in this last case, which makes the assumed
power Of a State more indefensble, and which
does not exist in the other There are two appeals
from unconstitutional Act passed byConrress-
one to the Judiciary, the other TO the People and
the States. There is no appeal from The State deci-
sion 10 theory, and the practical illustration shows
that the courts are closed against application 10
review II, both judges and jurors being sworn to
decide in its favor But reasoning on this subiec,
Is superHuous when our social compact in express
terms declares, tina: the laws Of the United States
its Constitution and treaties made under it, are
she Supreme law Of the land-and for greater eau
zion adds that the judges in every State shall be
bound thereby, any thing in the Constitution N
laws Of any State to the contrary notwithstand
ing" And it may be asserted without lear of refu
tltion, that Federalve Government could ex
list without a similar provision. Look for a no
ment to the consequence. II South Carolina con
siders the revenue laws unconstitutional, and has
right to prevent their execution in the port o
Charleston, there would be clem constitutional
objection to their collection in every other port
and revenue could be collected any where
for all imposts must be equal. II is answer &c
repeat, that an unconstitutional law is law, Sc
long the question Of its legality is to be decided
by the State itself; for every law operating njur
ously upon any local interest will be perhaps
thought, and certainly represented, as unconstiiu.
tional. and, as has been shown, there is no appeal
If this doctrine had been established at an ear.
iier day, the Union would have been dissolved in
its infancy The excise law in PENNSYLVANIA the
embargo and Ron-intercourse law in the Eastern
States, the carriage tax in Virginia, were all deem.
ed unconstitutional, and were more UNEQUAL in
their operation than any of the laws now COM
planned of but fortunately Of those States dis.
covered that they had the right claimed bv s.
Carolina. The war into which we were forced to
support the dignity of the nation and the rights of
citizens, might have ended in defeat and dis
grace. instead oil victory and honor, is the States
who supposed it runous and unconstitutional
measure had thought they possessed the right of
DENYING supplies for its prosecution. Hardly and
unequsly as those measures bore upon several
members of the Union, TO the legislatures of none
did this efficient and peaceable remedy as il is
called, suggest itself The discovery of this impor-
tant feature in constitution was re served 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 re-
ducing il TO practice.
IF the doctrine Of State veto upon the laws of
the Union carries with il internal evidence Of is
impractcabIe absurdity, our constitutional history
will also afford abundant proof that it would have
been repudiated with Indignation had il been pro-
posed to form feature in our government.
In our colonial stale although dependent on an
other power, we very early considered ourselves