Weekly national intelligencer., 1851-01-18


foreshadowed in the published discussions of the
preceding year.
With the course and event Of that attempt to
upset the Government of the United State under
color of exercising constitutional right, our elder
readers are too familiar to reqare any information
upon it. There are, however, no nconsiderable
number of readers whose personal knowledge Of
political issues does not embrace events as old as
twenty years.
For the information of our younger readers,
therefore, we copy from the official record SO much
of the act by which the State of SOUTH CAROLINA at
tempted to nullify Law of Congress not palatable
to her, as will show upon what ground that attempt
was made:
AN ORDINANCE to Nuliify certain .4cts of the
Congress of the United States pporting to be Laos,
laying Duties and Impos on The Importation Of Foreign
Commodities
WHFREAs the Congress of the United States by various
acts pupong be acts laying duties and mposs foreign
Imports but in reality intended for the protection Of domestic
manufactures, and the giving Of boun,es classes and nd
uduas engaged in particular empoymens, at the expense
and TO the injury and oppression of other classes and nd
vduals and by wholly exempng from taxation certain foreign
commodities such as not produced manufactured in the
United States, to afford pretext for imposing higher and
excessive duties articles similar to those intended to be
protected hath exceeded its powers under the Constu
ton which confers on authority to afford such potec
on and hath violated the true meaning and intent Of the
Constitution, which provides for equality in imposing the
burdens of taxation upon the several States and portions of
The Coniederacy and whereas the said Congress- exceed
ing its just power impose and collect revenue the
purpose of ectng and accomplishing the specific objects and
purposes which the Constitution Of the United States auho
zes to effect and accomplish, hath raised and collected
unnecessary revenue for objects Unauthorized by the Con-
| stiution
NE therefore, the People ofthe State of South Carolina,
in Convention assembled do declare and ordan, and 1t is
hereby declared and ordained That the several and
parts of acts Of the Congress of the United Staie pupong
be laws for the imposing of duties and mposts the
poraton Of foreign commodities, and having actual
operation and effect within the United States, and
especially act entitled An act in alteration Of the several
acts imposing duties imps approved the 10Th day
Of May, 1925 and also entitled can alter and
amend the several acts imposing duties imports approved
the l4h day of july 1892, unauthorized by the Con-
su,on OF the United States, and violate the meaning
and intent thereof and null void and law, bind
ing upon this Srae its officers citizens and all promises
contracts and obligations, made entered into, to be
made entered into, with purpose the duties ina
posed by said acts and all Judicial proceedings which shall
be hereafter had in amance thereof are and shall be, held
utterly null and void
find is further ordained That shall not be lawful
for any Of the constituted authorities whether Of this State
OF the United States to enforce the payment Of duties i'm
posed by the said within the limits Of this State, &c.
And is further ordained, That in no case Of law or
equity decided in the of this State wherein shall be
drawn in question the authority Of this ordinance the
d such act acts Of the Legislature may be passed
for the purpose OF giving effect thereto, the validity Of the
aforesaid acts of Congress imposing duies shall any appeal
be taken allowed to the Supreme Court Of the United
Slates shall any copy Of the record be permitted allow
ed Tor that and any such appeal shall be attempt
ed be taken the courts Of this State shall proceed to
and enforce their judgments according the laws and
Of the State without reference such attempted a
peal and the persons attempting take such appeal
may be dealt with as for contempt of the court, &c.
And we, the People of South Carolina to the end that it
may be fully understood by the Government Of the United
States, and the people of the coSates that deter
mined to maintain this ordinance and declaration at
every hazard DO further declare, That will submit
to the application offoce, the pat the Federal Govern
men to reduce this State to obedience but that will
slider the passage by Congress of act authorizing the
ployment Of military naval force against the State Of
South Carolina, her constituted auhoies citizens any
at abolshing closing the ports of this State any of
hem or otherwise obsrucng the free ngres and
vessels and from the said poF any other the
part of the Federal Government the State shut up
her por destroy harass her commerce. enforce the
acts hereby declared be null and void, Otherwise than
through the civil tribunals Of the country inconsistent with
the longer continuance Of South Carolina the Union and
that the people of his State will thenceh hod themselves
absoved from all further obligation to maintain preserve
their political connexon with the people of the other States
and will forthwith proceed organize separate Government
and do all other and things which sovereign and nde
| pendent States may of right do ...., t.e
Done in Convention at Columbia the oath day Of Novem-
Der, in the year of Lord 1882, and in the fifty
seventh year of the Declaration of the Independence Of
the United States of America ..... a. Il.
JAMES HAMILTON, Jr.
President of the Convention.
The grounds on which this proceeding are placed
in the Preamble Of the Ordinance are, as the reader
will perceive, that certain acts had been passed by
Congress to lay duties on foreign imports, which,
though not denied to be for purposes Of revenue,
also made determinations in those duties fauora-
BILE to home manufactures and products, and were
therefore unconstitutional, &c.
Now, in the first place, the power of laying and
collecting taxes, duties, imposts, and excises, is
entirely and exclusively vested in Congress, and is
therefore wholly beyond the control of any State
Government.
And in the next place, SO far from the laying Of
taxes or imposts with view to the protection of
manufactures being against the intention of the
Constitution, that object, as incidental to taxation,
was distinctly recognised, at the First Congress
under the Constitution, (of which number of the
trainers Of the Constitution were leading members,)
in the first legislative act passed by that body,
titled can act for laying duty on goods, wares,
and merchandise imported into the United States"
For thus ran the Preamble of that act
"Whereas it is necessary for the support of Co.
/" vernment, for the discharge of the debts of the
+" United States and the encouragement and pro-