ance of South Carolina in the Union; and that the People of this State will thenceforth hold themselves absolved from all further obligation to maintain or preserve their political connexion with the people of the other States, and will forthwith proceed to organize a separate Government, and to do all other acts and things which sovereign and independent States may of right do.

84. South Carolina's Reply to Jackson's
Proclamation.

December 20, 1832.

The Legislature reassembled, Nov. 27, and speedily passed a series of Acts to carry the ordinance into effect. (For text of the same, and message of Governor Hamilton, and inaugural speech of Governor Hayne, see Acts of S. C., 1832; Legislative Proceedings, 1832; S. C. Stat. at L., I, 371–376; Niles, XLIII, 259, 260, 266, 267, 278, 279, 327, 328, 347, 348.) In view of the action of the State, President Jackson, Dec. 10, issued his notable Proclamation to the People of the State. (Text in Senate Doc., 22 Cong., 2 sess., No. 30; reprinted in Richardson, II, 640–656; Niles, XLIII, 260-264; Elliot's Debates, IV, 582-592; MacDonald, 273-283.) The Poinsett Papers contain many letters of interest in this connection. Several of Jackson's letters to Poinsett are in Penna. Mag. of History, XII, 280 et seq. The following extract from an unpublished letter of Edward Livingston, Sec. of State, to Poinsett, dated Dec. 11, 1832, is important, in view of his connection with the proclamation; "The Union party will be supported in their endeavors to preserve the Union, and one great object of the proclamation was to make them understand this.

Your situation personally is one of responsibility and danger, but your courage, prudence and energy are fully appreciated and will receive the admiration, as it deserves the gratitude of your country. Let me know the effect of the proclamation on the two parties of your state—it may encourage our friends, but I fear will not influence the conduct of the revolutionists; it will, I am sure, produce union in the other States, it was made argumentative for the purpose of enabling the people to judge for themselves on points on which they have been deceived by sophisms, and by the authority of names on [which] they have placed confidence, it was therefore judged necessary to [present the 1] reasoning in plain language and to point the consequences [in words not] [fr]equently used in papers of this kind, but the occasion [was an] unusual one and a striking deviation from every day form was deemed necessary and proper.

A report will in a few days be made on the measures necessary for the col

1 Manuscript mutilated, words in brackets supplied.

lection of the revenue. This will be submitted to Congress and if they pass the necessary laws, I think your great men will soon be abandoned at least by their adherents. This is a most important conjunction, if we return to order. The cause of free governments will receive additional strength from the failure to subvert them. If your mad men prevail, or even protract the struggle, the cause is lost for ever." [Poinsett Papers, MS., Vol. VII.]

The Legislature immediately replied to the President's Proclamation on Dec. 17 by authorizing the Governor to issue a counter proclamation and by passing the following resolutions. See Acts of S. C., 1832, 29, 30, 38; Legislative Proceedings, 56-60; S. C. Stat. at L., I, 355-357; Exec. Doc., 22 Cong., 2 sess., I, No. 45; Niles, XLIII, 287, 288, 300. Governor Hayne's Proclamation of Dec. 21 is given in Senate Doc., 22 Cong., 2 sess., No. 30, 78-92; S. C. Stat. at L., I, 358–370; Niles, XLIII, 308-312. Historical works on nullification and compromise measures: Houston, chs. VII, VIII; Harris, ch. V; McMaster, VI, ch. LVI; Burgess, 178-189, 220-241; Thorpe, Const. Hist. of U. S., II, 387-408; Schouler, III, 482-491; IV, 38-41, 86-111; Von Holst, I, ch. XII; Lalor, II, 1050-1055; Sumner, Jackson, 207-223, 277– 291; Parton, Jackson, III, chs. XXXIII, XXXIV.

The Committee on federal relations, to which was referred the proclamation of the President of the United States, has had it under consideration, and recommend the adoption of the following resolutions:

Resolved, That the power vested by the Constitution and laws in the President of the United States, to issue his proclamation, does not authorize him in that mode, to interfere whenever he may think fit, in the affairs of the respective states, or that he should use it as a means of promulgating executive expositions of the Constitution, with the sanction of force thus superceding the action of other departments of the general government. [The vote, Senate, 25 to 5; House, no division.]

Resolved, That it is not competent to the President of the United States, to order by proclamation the constituted authorities of a state to repeal their legislation, and that the late attempt of the President to do so is unconstitutional, and manifests a disposition to arrogate and exercise a power utterly destructive of liberty. [Senate, 31 to 2; House, no division.]

Resolved, That the opinions of the President, in regard to the rights of the States, are erroneous and dangerous, leading not only to the establishment of a consolidated government in the stead of our free confederacy, but to the concentration of all

powers in the chief executive. [Senate, 28 to 5; House, 87

to 14.]

Resolved, That the proclamation of the President is the more extraordinary, that he had silently, and as it is supposed, with entire approbation, witnessed our sister state of Georgia avow, act upon, and carry into effect, even to the taking of life, principles identical with those now denounced by him in South Carolina. [Senate, 30 to 3; House, 85 to 16.]

Resolved, That each state of the Union has the right, whenever it may deem such a course necessary for the preservation of its liberties or vital interests, to secede peaceably from the Union, and that there is no constitutional power in the general government, much less in the executive department, of that government, to retain by force such state in the Union. [Senate, 27 to 5; House, 94 to 7.]

Resolved, That the primary and paramount allegiance of the citizens of this state, native or adopted, is of right due to this state. [Senate, 27 to 5; House, 89 to 14.]

Resolved, That the declaration of the President of the United States in his said proclamation, of his personal feelings and relations towards the State of South Carolina, is rather an appeal to the loyalty of subjects, than to the patriotism of citizens, and is a blending of official and individual character, heretofore unknown in our state papers, and revolting to our conception of political propriety. [Senate, 28 to 5; House, no division.]

Resolved, That the undisguised indulgence of personal hostility in the said proclamation would be unworthy the animadversion of this legislature, but for the solemn and official form of the instrument which is made its vehicle. [Senate, 26 to 5; House, no division.]

Resolved, That the principles, doctrines and purposes, contained in the said proclamation are inconsistent with any just idea of a limited government, and subversive of the rights of the states and liberties of the people, and if submitted to in silence would lay a broad foundation for the establishment of monarchy. [Senate, 24 to 4; House no division.]

Resolved, That whlle this legislature has witnessed with sorrow such a relaxation of the spirit of our institutions, that a President

of the United States dare venture upon this high handed measure, it regards with indignation the menaces which are directed against it, and the concentration of a standing army on our bordersthat the state will repel force by force, and relying upon the blessings of God, will maintain its liberty at all hazards.

Resolved, That copies of these resolutions be sent to our members in Congress, to be laid before that body.

85. Call for a Convention of the States by South Carolina.

December 18, 1832.

The Legislature also adopted the following resolutions. The text is in Acts of S. C., 1832, Appx. 28, 29; Senate Jour., 22 Cong., 2 sess., 83; House Ex. Doc., II, No. 59; Niles, XLIII, 300.

Whereas serious causes of discontent do exist among the States of this Union, from the exercise by Congress of powers not conferred or contemplated by the sovereign parties to the compact, therefore,

Resolved, That it is expedient that a Convention of the States be called as early as practicable to determine and consider such questions of disputed power, as have arisen between the States of the confederacy and the General Government.

Resolved, That the Governor be requested to transmit copies of this preamble and resolutions to the Governors of the Several States, with a request that the same be laid before the Legislatures of their respective States, and also to our Senators and Representatives in Congress, to be by them laid before Congress for consideration.

Reply to South Carolina's Call for a Convention.

1833.

The Legislatures of Delaware, Massachusetts and Ohio replied that it was inexpedient to hold such a convention. The text of the reply of Delaware, which follows, is found in Senate Four., 22 Cong., 2 sess., 157, 158; Senate Doc., I, No. 66; Niles, XLIII, 422. The replies of Massachusetts and Ohio are given in State Papers on Nullification, 209, 244-257. Georgia proposed

a Southern convention, and Alabama a convention to amend the Constitution, but at the same time condemned nullification. See post, pp. 179, 180; Ames, Proposed Amendments, 282.

86. Delaware on a Convention of the States,
January 25, 1833.

Whereas certain resolutions, passed in December last by both branches of the Legislature of South Carolina, declaring "that it is expedient that a Convention of the States be called," etc., have been transmitted by the Executive of that State to the Governor of this, and by him laid before the General Assembly for an expression of its sentiments; Therefore,

Resolved, by the Senate and House of Representatives of the State of Delaware in General Assembly met, That the Constitution of the United States of America, which is a form of government established by the people of the United States of America, has expressly provided a tribunal in the Supreme Court of the United States, for the settlement of all controversies between the United States and the respective States, and of all controversies arising under that instrument itself.

Resolved, That the Constitution of the United States of America does not recognize any such tribunal or political assemblage as a Convention of the States, but has expressly provided for modes of amendment, if amendment be necessary, in the fifth article. [Here follows the text of Article V.] Any other mode must therefore be repugnant to its provisions.

Resolved, That such a Convention to propose amendments, when called by Congress, must be, in the nature of things, a Convention of the people from whom the Constitution derived its authority, and by whom alone it can be altered, and not a Convention of the States.

Resolved, That no such political assemblage as a Convention of the States, could take place as a constituent organ of Government; and that, if assembled, it could have no such power as that set forth by the resolutions of South Carolina, "to consider and determine such questions of disputed power as have arisen between the States of this Confederacy and the General Government."