Abbildungen der Seite
PDF
EPUB

DOCUMENTS.

cute, and enforce this Ordinance, and such act or acts of the Legislature CONVENTION as may be passed to carry the same into operation and effect, according 1832. to the true intent and meaning thereof.

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 co-States, that we are determined to maintain this, our Ordinance and Declaration, at every hazard, Do further Declare, that we will not submit to the application of force, on the part of the Federal Government, to reduce this State to obedience; but that we will consider the passage, by Congress, of any act authorizing the employment of a military or naval force against the State of South Carolina, her constituted authorities or citizens, or any act abolishing or closing the ports of this State, or any of them, or otherwise obstructing the free ingress and egress of vessels to and from the said ports, or any other act, on the part of the Federal Government, to coerce the State, shut up her ports, destroy or harrass her commerce, or to enforce the acts hereby declared to be null and void, otherwise than through the civil tribunals of the country, as inconsistent with the longer continuance 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.

Done in Convention, at Columbia, the twenty-fourth day of November, in the year of our Lord one thousand eight hundred and thirty-two, and in the fifty-seventh year of the Declaration of the Independence of the United States of America.

JAMES HAMILTON, JR. President of the Convention,

[blocks in formation]

CONVENTION DOCUMENTS. 1832.

PHILLIP COHEN

SAMUEL CORDES

THOMAS H. COLCOCK C. J. COLCOCK

CHARLES G. CAPERS

WILLIAM C. CLIFTON WEST CAUGHMAN JOHN COUNTS

BENJAMIN CHAMBERS

1. A. CAMPBELL

WILLIAM DUBOSE

JOHN H. DAWSON

JOHN DOUGLAS

GEORGE DOUGLAS

F. H. ELMORE
WILLIAM EVANS
EDMUND J. FELDER

A. FULLER

THEODORE L. GOURDIN
PETER G. GOURDIN
T. J. GOODWYN
PETER GAILLARD, Jr.
JOHN K. GRIFFIN
GEORGE W. GLENN
ALEX. L. GREGG
ROBERT Y. HAYNE
WILLIAM HARPER

THOMAS HARRISON
JOHN HATTON

THOMAS HARLLEE
AMB. HUGUENIN
JACOB BOND I'ON
JOHN S. JETER
JOB JOHNSTON
JOHN S. JAMES
M. JACOBS
J. A. KEITH

JOHN KEY

JACOB H. KING
STEPHEN LACOSTE
JAMES LYNAH
FRANCIS Y. LEGARE
ALEX. J. LAWTON
JOHN LIPSCOMB
JOHN LOGAN

J. LITTLEJOHN.

A. LANCASTER
BENJ. A. MARKLEY
JOHN MAGRATH

JOHN S. MANER
W. M. MURRAY

R. G. MILLS

JOHN B. McCALL

D. H. MEANS

R. G. MAYS

GEORGE MCDUFFIE

JAMES MOORE

JOHN L. MILLER

STEPHEN D. MILLER

JOHN B. MILLER
R. P. McCORD
JOHN L. NOWELL
JENNINGS O’BANNON
J. WALTER PHILLIPS
CHARLES PARKER
WILLIAM PORCHER
EDWARD G. PALMER
CHARLES C. PINCKNEY
WILLIAM C. PINCKNEY
THOMAS PINCKNEY
FRANCIS D. QUASH

JOHN RIVERS

DONALD ROWE

BENJAMIN ROGERS

THOMAS RAY

JAMES G. SPANN

JAMES SPANN

S. L. SIMONS

PETERJ.SHAND

JAMES MONGIN SMITH

G. H. SMITH

WM. SMITH

STEPHEN SMITH

WM. STRINGFELLOW

EDWIN J. SCOTT

F. W. SYMMES

J. S. SIMS

T. D. SINGLETON

JOSEPH L. STEPHENS

T. E. SCREVEN

ROBERT J. TURNBULL ELISHA TYLER

[blocks in formation]

ADDRESS,

TO THE PEOPLE OF SOUTH CAROLINA, BY THEIR DELEGATES IN CONVENTION.

FELLOW-CITIZENS :

The situation in which you have been placed by the usurpations of the Federal Government, is one which you so peculiarly feel, as to render all reference to it at this moment unnecessary. For the last ten years the subject of your grievances has been presented to you. This subject you have well considered. You have viewed it in all its aspects, bearings, and tendencies, and you seem more and more confirmed in the opinion, expressed by both branches of the Legislature, that the Tariff, in its operation, is not only "grossly unequal and unjust, but is such an abuse of power as is incompatible with the principles of a Free Government, and the great ends of civil society;" and that, if persisted in, "the fate of this State would be poverty and utter desolation." Correspondent with this conviction, a disposition is manifested in every section of the country, to arrest, by some means or other, the progress of this intolerable evil. This disposition having arisen from no sudden excitement, but having been gradually formed by the free and temperate discussions of the Press, there is no reason to believe that it can ever subside, by any means short of the removal of the urgent abuse; and it is under this general conviction, that we have been convened to take into consideration, not only the character and extent of your grievances, but also the mode and measure of redress.

This duty, Fellow-Citizens, we have discharged to the best of our judgments, and the result of our deliberations will be found in the DECLARATION and ORDINANCE just passed by us-founded on the great and undeniable truth, that in all cases of a palpable, oppressive and dangerous infraction of the Federal compact, each State has a right to annul, and to render inoperative within its limits, all such unauthorized acts. After the luminous expositions which have been already furnished by so many great minds, that the exercise of this right is compatible with the first principles of our anomalous scheme of Government, it would be superfluous here to state at length the reasons by which this mode of redress is sustained. A deference, however, for the opinions of those of our fellow-citizens who have hitherto dissented from us, demands that we should briefly state the principal grounds upon which we place the right and the expediency of Nullification.

The Constitution of the United States, as is admitted by contemporaneous writers, is a compact between Sovereign States. Though the subject matter of that compact, was a government, the powers of which Government were to operate to a certain extent upon the people of those Sovereign States, aggregately, and not upon the State Authorities, as is

DOCUMENTS. 1832.

usual in Confederacies, still the Constitution is a Confederacy. First- CONVENTION It is a Confederacy, because, in its foundations, it possesses not one single feature of nationality. The people of the separate States, as distinct political communities, ratified the Constitution, each State acting for itself, and binding its own citizens, and not those of any other State. The act of ratification declares it "to be binding on the States, so ratifying." The States are its authors—their power created it-their voice clothed it with authority-the Government it formed, is, in reality, their Government, and the Union of which it is the bond, is a Union of States, and not of individuals. Secondly-It is a Confederacy, because the extent of the powers of the Government depends, not upon the people of the United States collectively, but upon the State Legislatures, or on the people of the separate States, acting in their State Conventions, each State being represented by a single vote.

It must never be forgotten, that it is to the creating and to the controuling power, that we are to look for the true character of the Federal Government; for the present controversy is, not as to the sOURCES from which the ordinary powers of the Government are drawn; these are partly federal, and partly national. Nor is it relevant, to consider upon whom these powers operate. In this last view, the Government for limited purposes is entirely national. The true question is, who are the parties to the compact? Who created, and who can alter and destroy it? Is it the States or the People? This question has been already answered. The States, as States, ratified the compact. The people of the United States, collectively, had no agency in its formation. There did not exist then, nor has there existed at any time since, such a political body as the people of the United States. There is not now, nor has there ever been such a relation existing, as that of a cititizen of New-Hampshire, and a citizen of South Carolina, bound together in the same social compact. It would be a waste of time to dwell longer on this part of our subject. We repeat, that as regards the FOUNDATION, and the EXTENT of its powers, the Government of the United States is strictly what its name implies, a FEDERAL Government-a league between several Sovereigns; and in these views, a more perfect Confederacy has never existed in ancient or modern times.

Or looking into this Constitution, we find that the most important sovereign powers are delegated to the central Government: and all other powers are reserved to the States. A foreign or an inattentive reader, unacquainted with the origin, progress, and history of the Constitution, would be very apt, from the phraseology of the instrument, to regard the States as having divested themselves of their Sovereignty, and to have become great corporations subordinate to one supreme Government. But this is an error. The States are as Sovereign now, as they were prior to their entering into the compact. In common parlance, and to avoid circumlocution, it may be admissible enough to speak of delegated and reserved Sovereignty. But correctly speaking, Sovereignty is an unit. It is "one, indivisible and unalienable." It is, therefore, an absurdity to imagine that the Sovereignty of the States is surrendered in part, and retained in part. The Federal Constitution is a treaty, a confederation, an alliance, by which so many Sovereign States agree to exercise their sovereign powers conjointly upon certain objects of external concern, in which they are equally interested, such as WAR, PEACE, COMMERCE, Foreign Negociation, and Indian Trade; and upon all other subjects of civil Government, they are to exercise their Sovereignty separately. This is the true nature of the compact.

« ZurückWeiter »