Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-01-19


those pubIic functonares, that neither the tef'ns
proposed in the address of the convention' nor
those alluded to in the message OF the Governor'
would appease the excitement which has leu -
the present excuses. 1t is obvious, however
that should the latter be Insisted on, they present
an alternative which the General Government
of itself, can by no possibility grant, since. Nv
an express provision of the Constitution. Con-
uress can call convention for the purpose OF
promising amendments only ION the applica-
ton of the legislatures Of two-thrds OF the
States" And it is not perceived that the terms
presented in the address are more practicable
than those referred to in the message :.
1t will not escape attention, that the condi-
tons on which it is said in the address OF the
convention they "wouid he willing TO acqai'
esce," form no part of the ordinance. WINE
this ordinance bears all the solemnisy OF tun,
damental law, is 20 be authoritative upon al
within the limits uf South Carolina. ana Is az
solute and unconditional IN Its terms, the ad'
dress CONVEYS only the sentiments OF the con-
, vention, in no binding or practical form; one Is
the act of the State. the nther only the expires
sion Of the opinions of the members of the con
yention. To limit the effect OF that solemn act
i y anv terms or condinIs whatever. they should
have been embodied in it, and made OF import
no less authoritative than the act Itself. by the
positiye cnactments Of the ordinance the exc
cntion Of the laws of the Union is absolutely
prohibited; and the address ofers no other pros
meet Of their being again restored, even IN the
modified form proposed, than what depends up
on the improbable contingency, that amid chang
ing events and increasing excitement, the senH'
ment. of tie present members ot the convention'
and of their successors, will remain the same.
| II l. to be regretted. however, that these con.
di,ions. even If they had been offered IN the
same binding form, are 90 underlined, depend up
on so manv contingencies. and are so directly
opposed to the known opinions and interests OF
the great bodv OF the American people, as 10 DE-
almost homeless Of attainment. The majority pt
the States, and pf the people, will certainly not
consent that the protecting duties shall be Who'll
" abrosated, never to be- re enacted at any fu-
ture time, or in any possible contingency. AS
little practicable is it to provide that - The same
rate Of duty shall be imposed upon the protected
articles that shall be imposed upon the unprotect-
ed;" which. moreover. would he so oppressive
to the poor, and, in time OF war, would add
greatly to its rigors. And though there can be
no objection TO the principle. properly under.
srond, tha, no more revenue shall be raised
than is necessary for the constitutional purposes
of the G,vernmpnt: which principle has been
already recommended by the Executive as the
,ru. basis Of taxation; vet il Is very certain that
Snuth Carolina alone cannot be perurt'ei to de.
Idle what these constitutions, purposes are.
| The nrr,n,I which constitutes the due time IN
which the terms pr posed in the address are to
bp accepted. would seem tn present scarcely less
diff. ulty Than the terms themselves. Though
revenue laws are already declared To be VOID IN
South Carolina. as sell A. the bond, taken undef
them, vet. 80 the full action and OPERATION
of the ordinance ar. To b. suspended until
| IN. first of Frbrnary. the interval may be az
sumed "a tue time within which It Is exPeceh
that the most complicated portion "f the National
legislation. a system OF long standing, ana aiec'
ling great interests IN the community, Is I" De
,esc,ndpd and abolished. If this be required, It
Is clear thar a compliance Is impossible
In the uncertainty then. that exists as to the
duration of the ordinance and Of the actments
tor enforcing il, il becomes imperiousIy the duty
Of the Executive If the United States, acting
with proper regard to all the great Interests
committed to hls care, to treat those acts as a6so
lutte and unlimited. They are, so Tar as his
agency is concerned. Tie cannot either embrace
or lead to the performance "f the conditions. -
| He has already discharged the only part IN his
power, by the recommendations IN his annual
! message The rest Is with Congress and the
require him TO look to the existing STATE OF things
and act under them according to his high ob'Isa-
ti0ns.
By these various proceedings. therefore, the
! State of South Carolina has forced the General
Government, unavoldably, to decide the new
and dangerous alternative Of permitting State
70 obs,ruct the execution oi the laws withln its
limits, or seeing 1t attempt to execute threat OF
wthdra wing from the Uoion. That portion OF
the people at present exercising the authority OF
the State. solenny assrt their right to do either
and a. soemiy announce their determination to
do one or the other.
In my opinion, both purposes are to be resar-
ded as revolutionary IN their character and ten.
dency. and subversive Of the supremacy of the
laws aud Of the inie gritty OF the Union. The re.
sal, of each is the same: since State in which,
by an usurpation of power, the constitutional au-
thoritv Of the Federal Government is openly de-
hsd. and set aside. wants only the form to be IN
dependent OF the Union
TIE right Of the people Of single State to alb
solve the mseivcs, at will. and without the con
a. nj IF In. otbar = atps from tapir most solemu