Indiana Palladium, Volume 8, Number 49, Lawrenceburg, Dearborn County, 22 December 1832 — Page 2

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fcawrcaceftnrgh, Pec. 28. SOUTH CAROLINA. Tbs Legislature of South Carolina convened on tha 27th November, and Governor Hamilton communicated his annual Message, from which we make the subjoined extracts. It is sufficiently explicit, and Tieed3 no elucidation from us: Daring the interval between your last adjournment and the period of your present meeting a Convention of the people of the State of South Carolina called under the high sanction of the constitution of the State, and by your authority , "to take into consideration t!i3 several acts of the Congress of tho United States, imposing duties on foreign imports, for the protection of domestic manufactures, or for other unauthorised objects, to determine on the character thereof, and to devise the means of redress, and further, in IHce manner, to take into consideration such acts of the said Congress, laying duties on imports, a3 may bo-passed in amendment of, or substitution for the act or acts aforesaid; and also all

other laws and acts of the Government of

the United States, which shall be pissed, or

done, for the purpose of more effectually

has

as-

executing and enforcing the sim

seinbled, deliberated, decided, and adjourned. In obedience to the injunctions of this high and sovereign assembly, I send you the result of their proceedings in relation to

several ot the premises, iy wircn you win perceive, that your action and co-operation are required and demanded. I now beg leave to make special reference to the documents, in the series in which they may be respectively classified. The paper marked E. is a report of a committee to whom was referred the act "to provide for the calling of a Convention," with instructions "to consider ana report thereon, and especially as to the measures proper to be adopted by the Convention in reference to the violations of the Constitution of the United States, in the enactment by Congress- on divers occasions, of laws, laying duties and imposts, for the purpose of encouraging and protecting domestic manufactures, and for other unwarrantable purposes." This report comprises a view of the rise, progress, unconstitutionality and

oppressiveness of the Tariff Laws, and concludes with submitting an Ordinance, (marked F.) entitled "An Ordinance to nullify certain acts of the Congress of the United States, purporting to be laws laying duties and imposts on the importation of foreign commodities.'" The acts thus nullified, are the acts passed by Congress,, on the 19th May, 1S23, and the act passed on the 14th July, 1S32. They are declared to be "unauthorized by the Constitution of the United States that they violate the true meaning and intent thereof, and are null and void, and not law,

nor binding on this State, its officers and citizens; and all promises, contracts and obligations', made or entered into,- or to be made or entered into, with purpose to secure the duties imposed by the said acts, and all judicial proceedings, which shall be hereafter had in affirmance thereof, are made, and shall be held utterly null and void.' The convention his moreover declared, that the acts to enforce this ordinance, shall go into effect on the first day of February

next that in no case of law or equity shall their authority be called in question that

no appeal: shall be allowed or taken to the

Supreme Court of the United States nor shall any copy of the record be permitted or

allowed that all persons now holding an

office of honor, profit, or trust under this

state, (members of the Legislature except

ed,) shall take an oath well and truly to

obey, execute, and enforce this ordinance,

and it concludes with a solemn declaration that "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 deter

mined to maintain this our Ordinance and

declaration, at every hazard,, do further de-

dare that we will not submit to the applica tion of force on the part of the Federa

Government to reduce this State to obedi

ence; but that we will consider the passage

by Congress of any act authorizing the em

ployment of a mihtajy or naval force agains

the State of South Carolina, her constituted

authorities or citizens, or any act abolishing

or enclosing 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 harrcss her commerce, or to enforce the acts hereby declared to bo null and void, otherwise than . through the civil tribunals of the country, as

inconsistent with the longer continuance of

South Caroli na in the Union; ami that the

contention; and the Executive of this State j was directed to transmit copies of the same to the President of the United States, to be laid before Congress, and to the Governors of the several States to be laid before their respective Legislatures. A duty which shall bo discharged with as much despatch as is compatible with proper preparation of the papers in question. Fellow Citizens! The die has been at last cast, and South Carolina has at length appealed to her ulterior sovereignty as a member of this confederacy, and has planted herself upon her reserved rights The rightful exercise of this power is not a question which we shall any longer argue. It is sufficient that she has willed it, and that the act is done; nor is its strict compatibility with our constitutional obligation to all laws passed by the General Government within the authorized grants of power, to be drawn in question, where this inter sition is exerted in a case in which the compact has been palpably, deliberately, and dangerously violated. That it brings up a conjecture of deep and momentous interest, is neither to be concealed, nor denied. This crisis presents a class of duties which is referable to yourselves. You have been commanded by the people in their highest sovereignty to take care that within the limits of this State their will shall be obeyed. They have armed you with the requisite authority, and on the wisdom, firmness, and forecast with which you discharge these duties, will depend the tranquility, peace, liberty and happiness of our beloved State. Obedience to necessary laws flowing from a legitimate source of public right is the best security to social order and civil freedom. To leave this obedience

to voluntary suggestions of public duty or private conscience, or to feeble and defective enactments, in the end leads to the necessity of extreme rigor, or it brings all just authority into derision and contempt. The measure of legislation which you have to employ at this crisis is the precise amount of such enactments as may be necessary to render it utterly impossible to collect within our limits the duties imposed by the protective tariffs thus nullified. That vou will

resort to 3uch civil and penal provisions as will accomplish this purpose without unnecessary rigor on the one hand, or a weak and mistaken leniency on the other, I feel so well assured j that I shall refrain from entering into a detail of suggestions on a subject on which you are so much better advised than myself. That you should arm every citizen with a civil process by which he may claim, if he pleases, a restitution of his goods

seized under the existing imposts on his

Arsenals completely for the field, and that appropriations may be made for supplying all deficiencies in our munitions of war. In addition to these volunteer drafts, I deem it safe to recommend that the Executive be authorized also to accept of the services of ten thousand Volunteers from the other divisions of the State, to be organized and arranged in regiments and brigades, and the officers to bo selected by the Commander-in-Chief, and that this whole force be called the State Guard.

the nnme of tho State. No set of violent op- j tan! the proud titia cf A r:r irvposition to the laws has yet been committed,! protecting their crr.ir.eree vca'nj th . but such a state of thing's is hourly anoio- iliterntcra ;;nd their nvls f. cii'.htiiHf thiir

Intercomrnunrcatior, d -.J. rei.ng their t;o!.tif 9 and in ikin their nun? recocted in

isnded, and it is the intent of this instrument

to proclaim not only that the duty imposed

on me by the Constitution "to take care that j tho rrmctrst parts ot t!i3 cirth; t or.s dr the laws be faithfully executed," shall bo 'the extent of its territory, its increasing m J performed to the extent of tho powers al- happy population, its rulvur.ca in arts', wh.ctr ready vested in me by law, or of such oth-' render life agreeable, and tho scirnct . ers as tho wisdom of Congress shall devise ; which elevate ths rTuul! S;c cductior and entrust to me for that purpose; but to: spreading th? lights cf rcbgion, inortlity, warn the citizens of South Carolina, who and general information into every cott: gt have been deluded into an opposition to the I in this wide extent of our 'iVnin-rita find

The portion of our claims upon tho Gen

eral Government, which was payable in arms, ! laws of the danger they will incur by ol e-; Stak s! Heboid it r.s tha asylum where lht amounting in value to forty-one thousacd diencc to the illegal and disorganizing Ordi- wretched and the onnrtssed find a refur.c

nance of the Convention, to exhort those and support 1 Look vn this p'cluro cf lispwho have refused to support it to persevere i pinrss and luvror, and siy, we, too, ask in their determination to uphold tho Consti- 'citizens of Amixica Carolina is one of

union and laws of their country, and to these proud States, htr arms have defended

giving security to abide tlie issue of a suit

people of this State will thenceforth hold

themselves absolved from ail further 0li

gation to maintain or preserve their political connexion with tho people of the other States; and will forthwith proceed to organize a separate Government, and do all other acis find things which a sovereign and independent State may of right do." It is moreover made your duty to cdopt such measures, and pasa such acts as mav be necessary to give full efTect to the Ordinance, -nd to prevent the enforcement, and arrest tho operation of the acts of Congress thus nullified. Tiiis Ordinance has thus become a part ef the fundamental laws of South Carolina, snd it, together with the Report, and an adcTrcss to the people of South Carolina, (marked G,) and an address to the people of the co-Stales (marked H.) setting forth the motives, the scope and objects of these acts aad doicgn, were likewise adopted by the

at law, and at the same time, define what shall constitute treason against tho State,

and by a bill of pains and penalties compel obedience, and punish disobedience to your own laws, arc points too obvious to require any discussion. In one word, you must survey the whole ground. You must look to, and provide for all possible contingencies. In your own limits, your own courts of judicature must not only be supreme, but

you must look to the ultimate issue of any conflict of jurisdiction and power between

hem and the courts of the United States. There is one contingency in particular

for which you ought to provide, and that is in case the collectors of the customs in any

one ot the ports ot tins state, under the in

structions of the General Government.

should refuse to grant clearances to vessels

outward bound, that no injury should accrue

to our trade or to those who may bo carry

ing on tnendly commercial intercourse with us, the Governor should, under such circum

stances, be authorized to grant instantly certificates of clearance under the seal of the State. An enlightened forecast will not, however, permit you to- stop here Remember that ours is emphatically a country paying an habitual reverence to the law. As little must be left to the discretion of the Executive as possible. Every conjuncture must be anticipated by your own enactments. From these Legislative provisions, let me now pass to the consideration of the consequences, I trust, of a remote and improbable occurrence. Vvrc claim that our remedy is essentially of a pacific character. When we set up this claim, all we mean to say is, that of right it ought to bo and as far as we are concerned, it shall be so. To the peaceful redress afforded by our Courts, in the restitution which they decree, and to the ultimate arbitrament of our sister States, in a general

Convention assembled on the disputed powers, we look with confidence to an adjust-

ment ot this paintul controversy. But the final issue may be adverse to this hope. Threats of coercion, we know were once in relation the probable measures of this State officially promulged, and public rumor, to which it is not safe for those in charge of the public authorities to be absolutely deaf, ha3not diminished the conviction that these dispositions may probably be yet entertained. Nor ought we, in a struggle like this, to rely entirely on the confidence that power will not be used because right may be violated. We must bo prepared for this alternative. I would, therefore, recommend that our Militia System,, and its laws, undergo a thorough revision. That the Executive be authorized to accept for the defence of Carles-

Ion and its dependencies, the services of

two thousand volunteers, either bv Comna-

six hundred and twenty-fivo dollars and eighty cents I have received in arms of various descriptions but still some appropriations will be ncccsrary to augment our supplies. And provisions should likewise be made for mounting some of our heavy pieces of Ordnance, and a fixed and annual approbation made for tho Artillery in Charleston and other parts of the State, according to their relative expenses. I have ordered the Quarter Master General, whose Report will be presented to you, and the Arsenal Keeper at Charleston, the latter an experienced Officer of Artillery, to repair to this place, to attend in consultation, Committees of your

respective bodies, in reiercnee io me condition of their several departments. I would, moreover, recommend that the President be requested to remove the Uniod States troops, now in garrison in tho State citidel in Charleston which they now occupy, at the conjoint instance and request of tho State and City authorities, as the accommodations of that post are wanted for our own arms and munitions. I would moreover suggest, after the chide! is thus returned to the State, and the public stores belonging to tho state are deposited there, that the mauazine jjuard be removed from

the Neck to garrison this post, and that a daily guard be detached from it to the magazine, and that the guard bo augmented to sixty men, and that the appointment of its officers and general disposition and organization, be under the orders and authority of

the Commander-in-chief. I should consider myself, gentleman, as

recreant to my trust, it I did not recommend to you these provisions, or some adoption of those of much wiser import that may suggest themselves to you, and which maybe necessary to the public safety and public honor, however improbable tho contingency of their ever being required. It is not enough that a people may bo right in tho struggle for their priviledges and liberties, but they must have the means of securing their safety by ample resources, for repelling force by force. I cannot, however, but think, that on a calm and dispassionate review by Congress, and tho functionaries of the General Government, of tho true merits of this controversy, that tho arbitration by a call of a convention of all tho States, which we sincerely and anxiously seek and desire, will be accorded to us. To resort to force is at once to prelcr a

dissolution of the Union to its preservation. South Carolina has declared that she admits of no arbiters but her co-States assembled

with her in their sovereign capacity to de

ny to tier this preference, is to admit that

our league has no conservative principle,

snort ot an appeal to the sword to suppose

when one of our most prominent objections

to the rrotcctive System is its unconstitu

tionality, that this and the other vexatious and- conflicting questions of constitutional

power,which now convulse the wlnde country

arc not susceptibo of compromise or adjustment in an assembly of equivalent authority to that which formed the Constitution, is to affirm that that spirit of amity and justice, without which the Union would be a revolting and compulsory league is utterly extinct. But be this as it may, whatever may be the issues of this unhappy controversy, relying on the intelligence and spirit of a free and gallant people, on the imperishable truth and sacred character of our rights, let us advance with an unfaltering heart and a steady step to the performance of our duty to our country. On your deliberations 1 fervently invoke the blessings of Almighty God. J. HAMILTON, Jr. Columbia, Nov. 2d, 1S32.

point out to all, the perilous situation into ; her best bl.-xl has cemented tills happy

which the good poopleot that fetate have been j Lnion! And tli

lien add, if you can, without

led, and that the courso they are urged to j horror and remorse, this happy Union we pursue is one to ruin and disgrace to the very ! will dissolve this p'cturo of p?aco and State whose rights they affect to support. j prosperity wo will deface this free IntelFellow citizens of my native State! let i course wo will interrupt these fertib field. me not only admonish you, as the first Magls-! we will deluge with blood the protection trateof our common country, not to incur !cf that "lorious lhi wo rer.our.ee the very

the penaiiy oi us raws, nui use uie innu- name ot Americans we discard. And tor

ence that a Father would over his children

whom he saw rushing to certain ruin. In that paternal language, with that paternal feeling, let me tell you, my countryman, you arc deluded by men who are t ither deceived themselves or wish to deceive you. Mark under what pretences you have been led on to the brink of insurrection and treason, on which you standi First a dimiuu-

what, mistaken men', for what d you throwaway these inestimable blessings for what would you exchange your share in tho advantages and honer "of the Union? For tho dream ofa scpar.it a independence a dream interrupted by bloody conflicts with your neighbors, and a viledependenee on a for eign power. If your leaders could succeed in establishing a smaration. whit won!;! It

1

tion of the value of your staple commodity, j your situation? Areyou united at home lowered by over production in other quar-1 aro you free from tho apprehension of civil tors and tho consequent diminution in the I discord, wit!) all its fearful consequences? value of your hinds, were the sole effect cfi Do our neighboring republic, every day the Tariff laws. The ellect of those laws sintering some new revolution or contend-

was confessedly injurious, but tho evil was greatly exaggerated by the unfounded theory you were tauht to believe, that its hi 1 1-1 1 w nc wvr in rtriwirxriifMI in VlinrP'IMlrl

IJlll IIIVHd II U I U 4 WliriF'lllVfll ...... v.ij-vi I.) I

not to vour consumption ot imported

articles. Your prido was roused by tho as- no discretionary power on the subject rry serlion that a submission to those laws was duty is emphatically pronounced in the Cona state of vassalage, and that insistence to stitntion. Those who told vou that vou

ing with some new insurrection do they excite your envy? lbi the dictates of a high duty oblige me solemnly to announco that you cannot succeed. Tho laws of t!:o United Slates must he executed. I Inva

them was coual, in patriotic merit, to the

opposition our Fathers offered to the oppressive hws of Great Britain. You were told that this opposition might bo peaceably

might be constitutionally made that you

might enjoy all the advantages of tho Lnion

and bear nono of its burthens. EJoquent appeals to your passions, to your State pride,

to your native courage, to your sense ol real

vou that you

might peaceably prevent their execution, deceived you they could not have been decohed themselves. They know that a forcible opposition could alone prevent th execution of th laws, and they know ilrat such opposition must be repelled. Their object is disunion: but be not deceived by names: disunion, by armed force, Uteeasox. Are vou really readv to incur it

injury were used to prepare you for the pe-1 guilt? If you are, on the heads of (he inriod when tho mask which concealed tho j stigators of the act be the dreadful consehideous features of disunion, should bo ta- j quenccs on thtir fieadi be tha dishonor, ken oir. It fell, and you were made to look I but on yours may f iM the juiniilimout o with complacency on obiccts which not Ion"! your unhannv State will inevifablv fdl all

you would have regarded with horror, i the evlli of the conflict vou force upon tho

Government of your country. It cannot r.cct do to the mad M oject of disunion cf which

sequences to which it must inevitably lead! j you would bo the first victims its fiist

hook back to what was first told you as an i .Magistrate cannot, if ho would, aoid tha

nuer iino mis u ui"eroui . penormanco oi n.s uutv tr.o conseouenco

since

hook back to the arts which have brought

you to this state look forward to tho con

inducement to enter into

course. The great political truth was repeated to you, tint you had tho revolutionary right of resisting all laws that were palpably unconstitutional and intolerably oppressive it was added that the right to nullify a law rested on tho same principle, but that it was a peaceable remedy! This character which was given to it, mad? you receive with too much confidence the assertions that were made of the unconstitutionality of the

law and its oppressive cllct; .Mark, my

must he fearful for you, distressing to your fellow citizens here, snd to the friends of good government throughout tho woild. Its enemies have beheld our prosperity with a vexation they could not conceal it was a standing refutation of their slavish doctrines, and they will point to our discord with tho triumph of rnabgnat.t joy. It is yet in youT power to disappoint them. Thero is yet time to show that tho descendants of tho Pinehnevs, the Summers, the Kutle-?es. mid

, t - , 9 t

nies or Files as they may volunteer, and that they.be formed into four Battalions of Infantry, with one Flank Company of Riflemen attached to each Battalion ; one Sqad-

ron ot avajrv and two Battalions, one of

iield, and the other of Heavy Artilery; that these Corps be organized in a Legionary Brigade, and that tho Executive, from the precincts in wliich thrsa Volunteers are organized, select the officers of the appropriate rank for the several commands. I : suggest the expediency of this Brigade being armed and equipped firm the Public

Proclamation, BY Tim rRESIDENT OF THE UNITED STATES The Ordinance of nullification, of the

South Carolina Convention, a synopsis of

wliich wo gave last week, and the extract

from Gov. Hamilton's- Message to tho Lcgislature of that State, which will bo found in preceding columns, have induced the President of the United States to give his Proclamation, denouncing their orcceedinjjs, and warning them of the consequences which must follow any attempt to nullify tho laws of the country. Tho Message of tho President to Congress ocenpu s so large a portion of our paper, we are unable to ijive tho Proclamation entire; but the extract which follows will

fellow citizens, that by tho admission of ! of the t! IO I Ii l ill I iit!irr inninc wliirli ttiliirn

your leaders tho unconstitutionality must the pages of your revolutionary history, will be palpable, or it will not justify either re- not abandon that Union to support which sistence or nullification! What is the mean-i so many of them fouiht.and bled, and died.

ing of tho word palpable in the sense in 1 adjure you as you honor their memory which it is here used that which is uvmar- rs vou love tho caus of freedom, to which

cut to every one, that which no man of ordinary intellect will fail to perceive. Is the unconstitutionality of these laws of that m description ? Let those among your leaders who once approved and advocated the principle of protective dutie?, answer the question; and let them choose whether they will bo considered as incapable, then, of perceiving that wliich must have tjcen apparent to every man of common understanding, or as imposing upon your confidence and endeavoring to mislead you now. In ci;her case, they are unsafe guides, in the perilous path they urge you to tread. Ponder well on this circumstance, and you will know how to appreciate the exaggerated language they address to yon. They are not champions of liberty emulating tho fame of our Revolutionary Fathers, nor aro vou an oppressed people contending, as they repeat to you, ngiinst worse than colonial vassalage. You aro free uk niber3 of a flourishing and happy Union, There is no set-

tied uestiiuto oppress you. lou have in-

they dedicated their lives as you prize tho peace of your country, the lives of its best citizens, and your own fair fame, to retraco your steps, tsnatch from the archives of your State tho disorganizing edict of it Convention bid its members torc-assc nillo and promulgate tho decided e.prcss;ons of your will to remain in the path which ulor.u can conduct you to safety, piospciily a:ul honor tell them that compan d to disunion, all other evils ure light, because that brings with it an accumulation of al! declare tint you will never tal e th. field Hides the star spangled banner of your country shall lion over you that you will not Ik stigmatized whew dead, uud dishonored ur.d scorned whilo you live, rs tin authors of the flr?l attack on tho Constitution of your country! Its de stroyers you cani.ot be. Vou may disturb its p?acc you may interrupt tba course of its prospeiity you may cluud it reputation fur stability but its tranquility will be restored, its pro parity will return, and the stain npnn its national character

eternal

iVI. . 1 . , 1 .? .11 ...."II I. -. a i l

uccou.'u luu uir.-ni.ii c nauiiuii ouaus mm o , wwi uo iraiisierreu nru rcmaui an

may have been unwisely, not umotistituhon- i blot on the i.iomoiy of thoro who caused t'.A ally passed; but that inequality must ueces-1 disorder. sarily bo removed. At tho very moment I Fellow citizens .f the United Stnt's?

when you were maoly urged on to the un- iiw thre-.t c: unhallowed disuuion tl.w

names of the?'?, or.eo rsj. cted, by whrm-tt

ot military force -

fortunate course you have I egun, a change in public opinion had commenced. The nearly approaching payment of tho public debt, and tho consequent necessity of a diminution of duties, had already produced

a considerable reduction, and that too on

some articles oi reueral consumn'ton in

is i.mrcu Uis army

si.jp.n it ucnoto ti;t- sppro-th oi a rr.f.f in cur aHidrs vn whVh tho continuance of our unexampled prop-iiiv, our political cx-

i ; isti nee, and pel haps tint of all free covtrn-

i ment?, muy tlcpuid, 'I

snow, distinctly enough. h:s determination to support the laws and puni?h tho madmen who threaten to prevent their execution, We do not believe there exists an individual in this community but will respond, heart and soul, to the sentiments it contains: This, then, is tho position in which we stand. A small majority of the citizens of one State in tho Union "have elected delegates to a State Convention : that Convention has ordaine d that all the revenue laws of the United States must be repealed, or that they are no longer a member of tho union. The Governor cf that State bus recommended to the legislature the raisin? of an army to carrv

the secession into effect, and that h i may bHmon interest and go u nd

empowered to r:vc clearances to vessels in

awmu uuitii a mi l-ih i.u luiiMimjfiiun lit i.ui., iiiij OipiIlM, 4 i.O CCIiMUlCtUrP CO your State, The importance of this einnge j mc:.ded a free, a full and xplcit en incis

was underrated, and you were authoritative-; i;nn, not only ot my intentions but of My ly told that no further alleviation of your bur-! priucipl'S of action"; and is tho claim w;a

tliens was to bo expected at the verv time

assert d of a Ticht bv n ir'tato to amiul

when tho condition of thocountiy imperious- j laws of tho Union r.iid et n to secede fr

ro.ii

ly demanded a moderation ol the dutiss as; it at pleasure, n frank e p. ration of myopiashould reduce thv m to a jtist and quitable j ions iu relation to tb origiu and fonnofo'ir scale. Put, r.s if apprehensive of the effect 1 government, nnd the cou,m;cl'on I giv? to of this change in allaying your discontents, tho instrument by which it was treated, you were precipitated iuio the featful state i seemed to bo p;eper. Having the fulb st in which ou now And yourselves. cor.f.d; r.co in tho i-isUiess of iho !e?;d and

cei:s;tu!ioival op;u'en of jny duties which

1 havj

ur'ed

vou to lock

b;.ck

to the

has b

ecu txpre3

1 n lv with

I co:-

mcans that were used to hurry you on to the

position yen have now assumed, ml for-1 ruicr.ee on your ur.div'ded sfppcrt in try d?ward to the consequences it will produce. I termination to cxtcnte tho'lms to prc-

omethmg p.ioro is necessary, (.Jon template tho condition of that ccuntiy f wh'th

vou still form an important part! consider its government uniting in one bond -f r, r-

din.'Knt I;ntcs-

n v

protection so D ili)

to

ill te;r

I . I

servo the Un'ou by all cor.siiHt'oiv.l m.ns o arrest, if; -olde by t:-:l rule rutf.im mejisuver, ih- -y of t ivcoiir.-j to . force; cud, if il bo the v;il cf Urvn ;hu V lou r currei.ro of jt prlev:vl CKf e- m fyr li shv'-Jvbiij t.r UaiU iv ' 1"

i