Indiana Palladium, Volume 9, Number 3, Lawrenceburg, Dearborn County, 2 February 1833 — Page 1

Sy David V. Cullcy Terms $3 PER YEAR 33i PER CENT. DISCOUNT MADE ON ADVANCE, OR 161 ON HALF YEARLY PAYMENTS." WIL. IX. liAWREMCEBlIJMGIHI, (HA.) SATOKBAY, FEBRUARY 2, 133.

President's IfXcssage, Communicated to both Houses of Congress ! on the 16th inst. Gentlemen of the Senate ani House of Representatives. In my amiaal Message, at the commencement of your present session, I adverted to the opposition to the Revenue laws in a particular portion of the United States, which threatened, net merely to thwart their execution, but to endanger the integrity of the Union. And, I then expressed my reliance that it might be overcome by the prudence of thejofficers of the United States, and the patriotism of the people: I stated that should the err.ergency arise, rendering the execution of the existing laws impracticable, from any cause whatever, prompt notice

should be given to congress, with the suggestion of such views and measures as might be necessary to meet it. Events which have occurred in the quarter alluded to, or which have come to my knowledge subsequently, present this emergency. Although unknown to me at the date of the annual Message, the Convention whicli assembled at Columbia, in the State of South Carolina, passed on the 24th November last, an Ordinance declaring certain acts of Congress therein mentioned, within the limits of that State, to be absolutely null and void, and making it the duty of the Legislature to pas3 such (aws as would be necessary to carry the same into effect, from and after the first of February next. A copy of that Ordinance Ins been officially transmitted to me by the Governor of South Carolina, and is now communicated to Congress. The consequences to which this extraordinary defiance of the just authority oftbe Government might too surely lead were clearly foreseen, and it was impossible for mo to hesitate as to my own duty in such an emergency. The Ordinance had been passed, however, without any certain knowledge of the recommendation, which, from a view of the interests of the nation at large, the Executive had determined to submit to

Congress, and a hope was indulged that by sorting, in any event, to force or violence, frankly explaining his sentiments and the the measures of its advocates would be tanature of those duties which the crisis would ken in conformity with that profession and, devolve upon him, the authorities of South on such suppositions, the means afforded by Carolina might be induced to retrace their the existing laws would have been adequate steps. In this hope I determined to issue to meet any emergency likely to arise, ray Proclamation of the 10th December jt was, however, not possible altogetheJ last, a copy of which I now lay before Con- to suppress apprehension of the excesses to gress. m which the excitement prevailing in that I regret to inform you that these reasona- quarter might lead; but it certainly was not ble expectations have not been realized, and foreSeen that the meditated obstruction to that the several acts of the legislature of tie iaw3 WOuld so soon openly assume its South Carolina, which I now lay before you, preSent character. and which have all and each of them finally Subsequently to the date of those instrucpassedj after a knowledge of the desire of tjon3 however, the Ordinance of the Conthe administration to modify the laws com- yention was passed, which if complied with plained of, are too well calculated, both in me pe0ple of that State must effectually their positive enactments and in the spirit render inoperative the present revenue laws of opposition which they obviously encour- WJthin her limits. That Ordinance declares age, wholly to obstruct the collection of the an(i or(ains "that the several acts and parts revenue within the limits of that State. 0f acts 0f the Congress of the United States,

Up to this period, neither the recommendation of the Executive, in regard to our fi-

nancial policy and impost system, nor the foreign commodities,; and now having operadisposition manifested by Congress prompt- tion and effect within the United States, and ly to act upon that subject, nor the unequivo- more especially 'an act in alteration of the cal expression of theSpublic will in all parts several acts imposing duties on imposts,"

of the Union appears to have produced any relaxation in the measures ot opposition adopted by the State of South Carolina, nor is there any reason to hope that the Ordinance and laws will be abandoned. I have no knowledge that an attempt has been made, or that it is in contemplation to re-as-semble either the Convention or the Legislature; and it will be perceived, that the interval before the first of February is too short to admit of the preliminary steps necessary for that purpose. It appears, moreover, that the btato authorities are actively organizing their military resources, and pro.viding the means, and giving the most solemn assurances of protection and support to all who shall enlist in opposition to the revenue laws. A recent Proclamation of the present Governor of South Carolina has openly defied the authority of the Executive of the Union, and general orders from the head-quarters of the State have announced his determination to accept the services of volunteers, and his belief, that should their country need their services, they will be found at the post of honor and duty, ready to lay down their lives in her defence. Under these orders, the forces referred to, are directed to "hold themselves ill rcadinesfUo take the field at a moment's warning," and in the city of Charleston within a collection district, and a port of entry, a rendezvous has been opened for the purpose of enlisting men for the magazine and municipal guard. Thus South Carolina preseats herself in the attitude of hostile prep jration, and ready even for militry violence n neea oc, to entorce her laws tor prevent - ing the collection of the duties within her hunts. Proceedings thus announced and matured must be distinguished from menaces of unlawful res. stance by irregular bodies of peopie, wno, acting under temporary delusion, may be restrained by reflection and the influence of public opinion from the commission of actual outrage. , In the present instance aggression may be regarded as committed when it is officially authorized, and the means of enforcing it fully provided. Under these circumstances, there can be no doubt tint it is the determination of the authorities of South Carolina, fully to carry

into effect their Ordinance and Laws, after the first of February. It therefore becomes my duty to bring the subject to the serious consideration of Congress, in order that such measures as they, in their wisdom may deem fit, shall be seasonably provided, and that it may be thereby understood, that while the Government is disposed to remove all just cause of complaint, as far as may be practicable, consistently with a proper regard to the interest of the community at large, it is nevertheless determined that the supremacy of the laws shall be maintained. In making this communication, it appears to me to be proper, not only that I should lay before you the acts and proceedings of

South Carolina, but that I should also tully acquaint you with those steps which I have already caused to be taken for the due col lection of the revenue, and with my views of the subject generally, that the suggestions which the constitution requires me to make in regard to your future legislation, may be better understood. This subject having early attracted the anxious attention of the Executive, as soon as it was probable that the authorities of South Carolina seriously meditated resistance to the faithful execution of the revenue laws, it was deemed advisable, that the Secretary of the Treasury should, particularly instruct the officers of the United States in that part of the Union, as to the nature of the duties prescribed by the existing laws. Instructions were accordingly issued on the 6th of November to the Collectors in that State, pointing out their respective duties, and enjoining upon each a firm and vigilant, but discreet performance of them in the emergency then apprehended. I herewith transmit these instructions and also the letter addressed to the District Attorney requesting his co-operation. These instructions were dictated in the hope that as the opposition to the laws by the anomalous proceeding of nullification was pretended to be of a pacific nature, to be pursued substantially according to the forms of the Constitution , and without repurporting to be laws for the imposing of duties and imposts on the importation of approved on the 19th of May, 1S28, and also an act entitled 'an act to alter and amend the several acts imposing duties on imports,' approved on the 14th July, 1832, are unauthorized by the Constitution of the United States, and violate the true intent and mean ing thereof, and are null, and void, and no law, nor binding upon the State of South Carolina, 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 pro cecdings which shall be hereafter had in affirmance thereof, are and shall be held utterly null and void. It also ordains "that it shall not be lawful for any of the constituted authorities, whether of the State of South Carolina, or of the United States, to enforce the payment of duties imposed by the said acts within the limits of the State, but that it shall be the dutv of the Legislature to adopt such measures and pass such acts as may be necessary to give full effect to this Ordinance, and to prevent the enforcement and arrest the operation of the said acts and mrt nf nets of the Congress of the United States within the limits of the State, from ,1 nftnr llir let nf Frhrnnrv nnvt? nnrl tW it shall be the duty of all other constituted authorities, and of all persons residing or being within the limits of the State, and thcyare hereby required and enjoyned, to obey and give effect to this Ordinance, and such acts and measures of the Legislature as maybe passed and adopted in obedience thereto." It further ordains "that in no case j of law or equity, decided in the Courts of the State, wherein shall be drawn in ques tion the authority of this Ordinance, or the validity of such act or acts of the Ligislature as may be passed for the purpose of giving effect thereto, or the validity of the aforesaid acts of Congress imposing duties, shall any appeal be taken or allowed to the Suprcrr o Court of the United States, nor shall any copy of the record be permitted or allowed for that purpose; and the person or persons attempting to take such appeal, may be dealt with as for a contempt of court." It likewise ordains, "that all persons holdin any office of honor profit or trust, civil or military, under the State shall, withia such

time, and in such manner as the Legislature shall prescribe, take an oath well and truly to obey, execute, and enforce this Ordinance, and such act or acts of the Legislature as may be passed in pursuance thereof, according to the true intent and meaning of the same; and on the neglect or omission of any such person or persons so to do, his or their office or offices shall be forthwith vacated, and shall be filled up as if such person or persons were dead or had resigned; and no person, hereafter elected to any office of honor, profit, or trust, civ il or military, shall, until the Legislature shall otherwise provide and direct, enter on the execution of his office or be in any respect competent to discharge the duties thereof, until he shall, in like manner, have taken a similar oath; and no juror shall be empannelled in any of the Courts of the State, in any cause in which shall be in question this Ordinance, or any act of the Legislature passed in pursuance thereof, unless he shall first, in addition to the usual oath, have taken an oath that he

will well and truly obey, execute and enforce this Ordinance, and such act or acts of the Legislature as may be passed to carry the game into operation and effect, according to the true intent and meaning thereof." The Ordinance concludes, "And we, the people of South Carolina, totho 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 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 consid er the passage, by Congress, of any act au thorizing the employment ot a military or na val force against the State of South Carolina, her constituted authorities or citizens; or anv act abolishing or closing the ports of this State, or any of them, of otherwise ob structing the free ingress and egress of veso o o sels, 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, des troy 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 fur ther obligation to maintain or preserve their political connection with the people of the other States, and will forthwith proceed to organize a separate government, and do all other acts and things which sovereign and independent States may of right do." This solemn denunciation of the laws and anthority of the United States has been followed up by a series of acts on the part of the authorities of that State, which manifest a determination to render inevitable a resort to those measures of self defence which the paramount duty of the Federal Government requires, but upon the adoption of whicli that State will proceed to execute the purpose it has avowed in this ordinance, of withdrawing from the Union. On the 27th of November, the Legislature assembled at Columbia; and, on their meeting, the Governor laid before them the Ordinance of the Convention. In his Message 'on that occasion, he accquaint3 them that "this Ordinance has thus become a part of the fundamental law of South Carolina:" that "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 on 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, when this interposition is exerted in a case in which the compact has been palpably, deliberately, and dangerously violated. That it brings up a conjuncture 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." "The measure oflegislation," he says, "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 cur limits the duties imposed by the protective tariffs thus nullified." He proceeds "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 giving security to abide the issue of a suit at law, and at the same time define what shall constitute treason against the State, and by a bill of pains and penalties compel obedience and punish disobedience to your own laws, are 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 them and the Courts of the United States.'7 ihe Governor also asks for power to grant clearances in violation of tho laws of the Union; and, to prepare for the alternative, which must hap

pen unless the United States shall passively surrender their authority and the Executive disregarding his oath, refrain from executing the laws of the Union, he recom

mends a thorough revision of the militia system, and that the Governor "be authorized to accept for the defence of Charleston and its dependencies the scrvice3 of two thousand volunteers, either by companies or files," and that they be formed into a legionary brigade, consisting of infantry, riflemen, cavalry, field, and heavy artillery; and that they be "armed and equipped from the pub lic arsenals completely for the field, and that appropriations be made for supplying all deficiencies in our munitions of war. In addition to these volunteer drafts, he re commends that the Governor bo authorized "to accept the services often thousand vol unteers from the other divisions of the State, to bo organized and arranged in re giments and brigades the officers to be selected by the Commander-in-Chief, and that this whole force be called the State Guard." A request has been regularly mr.do of tho Secretary of State of South Carolina, for anthentic copies of the acts which have been passed for the purpose of enforcing the Ordinance, but up to the date of latest advices that request had not been complied with: and on the present occasion, therefore, reference can only be made to those acts as published in the newspapers of the btate. Ihe acts to which it is ueerned proper to invite the particular attention of Congress are : 1. "An act to carry into effect in part an Ordinance to nullify certain acts of Congress of the United States, puporting to be laws laying duties on the importation of foreign commodities, passed in Convention of this State, at Columbia, on the y 1th of November, 1832." This act provides that any goods seized or detained under pretence of securing the duties or for the nonpayment of duties, or under any process, order, or decree, or other pretext contrary to the intent and meaning of the Ordinance may be recover ed by the owner or consignee by an act of replevin; that m case of refusing to dchve them or removing them, bo that the replevin cannot be executed, the Sheriff may seize the persona! estate of tho offender to double the amount of the goods; and if any attempt shall be made to retake or seize them, it is the duty ot the fchcnll to recapture them; and that any person who diall disobey the process, or remove the goods, and any one who shall attempt to retake or seize the goods under pretence of securing the duties. or for non-payment of duties, or under any processor decree, contrary to the intent of the Ordinance, shall be fined and imprisoned, besides being liable for any other offence involved in the act. It also provides that any person arrested or imprisoned, on any judgment or decree obtained in any Federal Court for duties, shall be entitled to the benefit secured by the habeas corpus act of the State, in cases of unlawful arrest, and may maintain an action for damages; and that if any estate shall be sold under such judgment or decree, the sale shall be held illegal. It also provides that any jailor who receives a person committed on any process or other judicial proceedings to e nforce tho payment of duties, and any one who hires his house as a jail to receive such person, shall be fined and imprisoned: And, finally, it provides that persons paying duties may recover them back with interest. The next is called "An act to provide for the security and protection of the people of the Stato of S. Carolina." This act provides that if the Government of the United States, or any officer thereof, shall, by the employment of naval or military force, attempt to coerce the State of S. Carolina into submission to the acts of Congress declared by the Ordinance null and void, or to resist the enforcement of the Ordinance, or of the laws passed in pursuance thereof, or in case of any armed or forcible resistance thereto, the Governor is authorized to resist the same, and to order into service the whole or so much of the military force of the State as he may deem necessary ; and that in case of any overt act of coercion or intention to commit the same, manifested by an unusual assemblage of naval or military forces in cr near the State, or the occurrence of any circumstances indicating that armed force is about to bo employed against the State or in resistance to its laws, the Governor is authorized to accept the services of such volunteers, and call into service such portions of the militia as may be required to meet tho emergency. The act also provides for accepting tho service of the voluntee rs, and organizing the rnilitia, embracing all free whito malts between the ages of 1G and 00; and for the purchase of arms, ordnance, and ammunition. It also declares that the power conferred on the Governor shall bo applicable to all cases of insurrection or invasion or imminent danger thereof, and to cases where the laws of the State shall bo opposed, and the execution thereof forcibly resisted by combinations too powerful to be suppressed by the power vesttd in the Sheriffs and oilier civil officers; and declares it to be the duty of tho Governor in every such case to call forth such portions of militia and volunteers as may bo n?cess.;vy piv.np'Iy to suppress such cozribinaiiiUiS, and cauc the laws of the State to bo executed.

3. U "An act concerning the oath required by the Ordinance, passed in Convention at Columbia, the 1th of November, 1S:W." This act prescribes tho form of tho oath whicli is to obey and executo tho Ordinance and all acts passed by tho Legislature in pursuance thereof ami directs the time and manner of taking it by tho officers of tho State, civil, judiciary and military. it is believed that other acts have been passed embracing provisions for enforcing

the Ordinance, but I have not yet been abb to procuro them. 1 transmit, however, a copy of Gov. Hamilton's Message to tho Legislature of South Carolina of Gov. Ilaync's Inaugural Address to the Legislature, as also of his Proclamation, and a general Order of the Gov ernor and Commander-in-Chief, dated tho tiOth December, giving public notice that me services ot volunteers will be accepted, under the act already referred to. If these measures cannot bo defeated ?.nd overcome by the powers conferred by the Constitution en the Federal Government, the Constitution must be considered as incompetent to its own defence, tho suprcmacy oi the Jaws 13 at an end, and tho rights and liberties of tho citizens can no longer receive protection from the Government of tho Union. They not only abrogate the acts of Congress commonly called mo xariii acts ot lays and lSiW, but they prostrate and sweep awav, at once, and without exception every act and every part of every act imposing any amount whatever ot duty on any foreign merchandise, and, virtually, cvcTy existing act whicli has ever been passed authorizing the collection of the revenue, including tho act of ISHi, and also the collection law of 17li, tho consti tutionality oi which lias never been questioned. Jt is not only those duties which arc charged to have been imposed for tho protection of manufactures that are thereby repealed, but all ethers, though laid for tho purpose of revenue merely, and upon articles in no degree suspected of being objects of protection. Tho wholo revenuo system of tho United States in South Carolina is obstructed and overthrown; and the Government is absolutely prohibited from collecting any part of the public revenue within the limits of that State. Henceforth not only the citizens of South Carolina and of the United States, but tho Hibjccts of foreign States may import any description or quantity of merchandise into the porta of South Carolina, without the payment of any duly whatsoever. That State is thru relieved from the payment of any part of tho public burthens; and duties and imposts arc not only rendered not uniform throughout the U. State, but a direct nnd ruinous preference is given to the ports of that Stato mcr those of all the other States of the Union, in manifest violation of tho positive provision of the Constitution. In point of duration, also, thoso aggressions upon the authority of Congress, which, by the Ordinance, are made part of the fundamental law of S. Carolina, aro absolute, indefinite, and without limitation. They neither prescribe the period when they shall cease, nor indicate any conditions upon which those who have thus undertaken to arrest the operation of the law, arc to retrace their fcteps, and rescind their measures. They oiler to tho United States no alternative but unconditional submission. If the scope of the Ordinance u to bo received as the scale of concession, their demands can be satisfied only by a repeal of tho whole system of revenue laws, and by abstaining frcm tho collccticn of tny duties ami imposts whatsoever. and final determination of the State, in relation to the protecting system, thev say, ''that it remains for us to submit a plan of taxation in which we would bo willing to acquiesce, in a liberal spirit of concession, provided we arc met in due timo and in a becoming spirit by tho states interested in manufactures." In the opinion of the Convention, an equitable plan would be, that "the whole list of protected articles should be imported free of all duty, and that tho revenue derived from import duties should bo raised exclusively from tho unprotected articles; or that whenever a duty is imposed upon protected articles imported, an exciso duty of tho same rate shall be imposed urou all similar articles manufactured in tho United States." The address proceeds to state, however, that they "are willing to make large offering to preserve the Union, and with a dirtinct declaration, that as concession on our part, we will consent that tho same rate of duty may be imposed upon tho protected I articles that shall be imposed upon )tcctcd, provided that 1:0 more reHie unpro: venue be raised than is necessary to meet the demands oftbe government fu-constitutional purpose, and provided also that a duty substantially uniform be impesed en all foreign imports." It i also true, tint in bis mr.c5.1gc to tho Legislature, when urging tin? ih cf phIv tf providing mer.n ,f ceuring their safety by ampler resources fur repelling foice l foli c," ihe (ioverr.cr ef South Carolina observes that he "cama t but think that cna cjlmaitit l;s::'einte iciiew ly Ctwgrcsa 'and tha ItU.cf on-r'i s- r.f she I.UhIjI guVf llimcnt, nf hu tiuc merits .f this reiitiovei&y, the aiblro.Mi.vrcn on it; T l'ACr

It is true, that in the address to tho pnoplo of the United States, by the Convention of South Carolina, after announcing tho fixed