Indiana Palladium, Volume 9, Number 3, Lawrenceburg, Dearborn County, 2 February 1833 — Page 4

CONTINUED FROM FIRST PA.GE. tration by a call of a Convention of all the states, which we sincerely and anxiously ssek and desire, will be accorded to us." From the diversity of the terms indicated in these two important documents, taken in connection with the progress of recent events in that quarter, there! is too much reason to apprehend, without in any manner doubting the intention of those public functionaries, that neither the term3 proposed in tho address of the convention, nor those alluded to in the message of tho Governor, would appease the excitement which has Jsd to the present excesses. It is obvious, however, tint should the latter be insisted on, they present an alternative which the general government, of itself, can by no possibility grant; since, by an express provision of the Constitution, Congress can call a convention for the purpose of proposing

amendments, only "on the application ot the

geroii3 alternative of permitting n State to obstruct the execution of the laws within its limits, or seeing it attempt to execute a threat of withdrawing from the Union. That portion of the people at present exercising the authority of the State, solemnly assert their right to do either, and a3 solemnly announce their determination to do one or the other. In my opinion both purposes are to be regarded as revolutionary in their character and tendency, and subversive of the supremacy of the laws and of the integrity of the Union. The result of each is the same; since a State in which by an usurpation of power, the constitutional authority of the Fed

eral Government is openly defined and

cone

set aside, wants only the form, to be

legislatures of two thirds of the states." independent of the Union. And it is not perceived that the terms pre- The right of the people of a single sented in the address arc more practicable state to absolve themselves at will and than those referred to in the message. without the consent of the other States,

It will not escape attention that the from their most solemn obligations, and nditions on which it is said in the hazard the liberties and happiness of

Address of the Convention they "would tne millions composing this Union, be willing to acquiesce," from no part cannot be acknowledged. Such auof the Ordinance. While this Or- thority is believed to be utterly repugdinance bears allthe solemnity of nant both to the principles upon which a fundamental law, is to be authorita- the general government is constituted tive upon all within the limits of and to the objects which it was expressSouth Carolina, and is absolute and lY formed to attain, unconditional in its terms, the address Against all acts which may be nU conveys onlv the sentiments of the Con- ledSed to transcend the constitutidnvention, in' no binding or practical al Power of government or which form. One is the act of the State; the "ay be inconvenient or oppressive in other only the expression of the opin- their operation, the Constitution itself ions of the members of the Convention, has prescribed the mode of redress. It Tn limit thft P.fcr.t of that solemn net. is the acknowledged attribute of free in-

by anv terms or conditions whatever, slitutions,tharf under them the empire of Qmi tie sound action of public opinion, with

they should have been embodied in it reason 3 law is suosutuieu 101 me pow- me ultimate power ot amendment, are the

and made

tive than the

execution of the laws of the Union is of South Carolina; to no other can such tion of the compact by the measures of the

i m ti f.j m in i rrii i ii r mw m w w b mm ir i ' i' w r ri aj tin i in ir ryinu it t;i i

absolutely prohibited, and the Address appeals ue maae wun saieiy ai any 6-" " 777 y V r 1 ' . . V000 i: 1 u vartics.it cannot, ert-n be nretentcd that .-mrA

otters no other prospect of their being "!v. " YT'i i'! ' cua' violation can be predicated of those rncas-

arcs until all the Constitutional remedies shall have been fully tried. If the Federal

probable contingency that ties man ot ine people m every case to Government excrcis epowersnoticarrantedhi

amid changing events and increas- 7iea a Patriotic su omission. the Constitution and immediately affecting ing excitement, the sentiments of the . rhat State or anv otlier grea por- individuals, it mil scarcely be denied that present members of the Convention tion of the people, suffering under long the proper remedy is a recourse to the judiand of their successors will remain the and intolerable oppression, and having ciary. Such undoubtedly is the remedy for game. tried all constitutional remedies with- those who deem the acts of Congress laying

It is to be regretted, however, that out tne hoPe of redress, may have a duties on imports and providing for their col-

faith, inviolably bound. Under this ob ligation, they are bound, and shall be required, to contribute their portion of the public expense, and to submit to all laws made by the common consent in pursuance of the Constitution, for the common defence and general welfare until they can be changed in the mode which the compact has provided for the attainment of those great ends of the Government and of the Union. Nothing less than causes which would justify revolutionary remedy can absolve the people from this obligation; and for nothing less can the Government permit it to be done without violating its own obligation; by which, under the compact it is bound to the other

States ancj to every citizen of the United States. These deductions plainly flow from the nature of the federal compact, which is one of limitations not only upon the powers originally possessed by the parties thereto, but also upon those conferred on the Government and every department thereof. It will be freely conceded, that by the principles of our system, all power is vested in the people, but to be exercised in tho mode, and subject to the checks which the people themelvcs have prescribed. These checks are, undoubtedly, only different modifications of the same great popular principle which lies at the foundation of the whole, but are not, on that account, to be less regarded or less obligatory. Upon the power of Congress, the veto of the Executive, and the authority of tho Judiciary which is "to extend to all cases in law and equity arising under the Constitution and laws of the United States, made in

pursuance thereof' are the obvious checks;

of import no less authorita- er 01 lue swora. io uo umet source sanitary ana only limitations upon tne pow-

act itself. By the posi- can appeal lor 6upposea wrongs oe crs oi me wnoie. ita rtffh Vlrinanro fh made consistently with the obligations However it may be allcdgcd that a viola-

offers no other prospect of their being lime5 ana io uieir aecisicns, wnen con- . j again restored, even in the modified stitutionally pronounced, it becomes form proposed, than what depends up- the duty no less of the public authori- shah on the improbable contingency that ties than of the people m every case to Govt

these conditions, even if they had been ugm wueii men-uappmess can - - offered in the same binding form are be no otherwise secured and when they operation of such laws is upon the indmdusfundefined, depend up?o so many can do so without greater injury to oth- Po"S tjnerchand a State is conUneencies ?reso TdirecX opposed to afcso1 themselves from their tbuedfrom laying imposts contingencies, are so uuecuy oppobeu or duties on imports or exports, without the to thft known oninions and interests of obligation to the Government and ap- r J ..

r

the great body of the American peo- FCtU lu luc iast "ecus uoi, on part1J under t1l0se Jaws without importing in

pie, as to be almost hopeless of attain- toe present occasion, oe aemea. her own name, or icrong fully interposing her ment. The majority of the States and The existence of this right, however, authority against them. of the people will certainly not consent must depend upon the causes which By thus interposing, however, she cannot that the protecting duties shall be whol- may justify its exercise. It is the ulti- rightfully obstruct tho operation of the laws

ly abrogated, never to be re enacted ma ratio; wnicn presupposes that the uu" uviuuai. wi meir uisooeuience at any future time or in any possible properappeals to all other means of re- t0 ,1 V10ftl0n f 'the -lawg, the : ordinary recontigency. As little pracable is dress have been made in good faith and afn "Zf

that the"same rate ofdu- which can never be nghttully resorted nl ,nn1fl h 'nrnanfnA fnr nnv

- i. i v . ivwa'vww vwi - uuii,u a vi uii iiiir.ui i:

imposed upon the protect- to, unless it De unavoidable. It is not against lho lawSj he could not s'et in that shall be imposed upon the right of the State, but of the justification of his act, a law of a State, which

;" which, moreover, individual, and of all the individu- being unconstitutional, would therefore be ily oppressive to the als in the State, it is the right of regarded as null and void. The law of a

provide

ty shall be ed articles

the unprotected would be severe

poor, and in time of war, would add mankind generally, to secure, by all State cannot authorize the commission of a

irreatlv to its rigors. And though means in their power, the blessings of crime against the U. States or any other

there can be no objection to the princi- liberty and happiness; but when for act which, according to the supreme law of

pie, properly understood, that no more these purposes, any body ot men have lIlc wouia oe omerwise uniawtui. rorpnnpehMll hp raised than ia nprpssn. voluntarily associated themselves under And it is equally clear, that, if there be

ry for the constitutional purposes of a peculiar form of goverment no por- a case in which a State, as such, is affectthe Government,-which principle has tion of them can dissolve the association JS he.SCOPe of Judjcial been already recommendd by fhe Ex- without acknowledging the correlative 0 ecutive as the true basis of taxation, right in the remainder to decide wheth- representation or to procure relief by an yet it is very certain that South Caro- er that dissolution can be permitted, amendment of the Constitution. But the . lina alone cannot be permitted to de- consistently with the general happiness, measures of the Government are to be recide what those constitutional purposes In this view, it is a right dependent up- cognized as valid, and consequently suare. on the power to enforce it. Such a preme, until these remedies shall have been The period which constitutes the right though it may be permitted to effectually tried: and any attempt to subdue time in which the terms proposed pre-exist, and cannot be wholy surren- vert those measures or to render the laws in the address are to be accepted, would dered, is necessarily subjected to limi- subordinate to State authority, and af-

seem to present scarcely less difficulty tations in all tree governments, and in Jerwara3 lo bori 10 constitutional redress,

it wouiu not be a

"ernmcnt of im-

been sometimes

opposition to the l :

cial proceedings for carrying them into community of which he is a member. action of the government and all its parts, effect, yet as the full action and opera- In compacts between individuals, how- absolutely depends. South Carolina has

tion ot tne Urdinance are to De suspend- ever deeply mey may atiect their rela- appealed to none of these remedies, but in . ed until the 1st of February, the inter- tions, these principles are acknowl- effect, has defined them all. val may be assumed as the time within edged to create a sacred obliga- While threatening to separate from the which it is expected that the most com- tion; and in compacts of civil govern- Union if any attempt be made to enforce the plicated portion of the national legisla- ments, involving the liberties and hap- revenue laws otherwise than thro' the civil

tion, a system oflong standing and affec- piness of millions of mankind, the obli tribunals of the country, she has not only not tin?' great interests in theVommunitv is gation cannot be less. appealed in her own name to those tribunals

tobe rescinded and abolished. If this Without adverting to the particular soln lawTr "omL''''0' he renu red. t U r enr hn a rnmn . u- i- u cases in law or equity arising under the

, r.. uieoues lo wmcu me icuerai compact Constitution nml I.- of tj iT:.i

ance is impossime. h:is given rise both as to its forma- but has endeavored to frustrate their proper In the uncertainly, then, which ex- tion and the parties to it, and with- action on her citizens by drawing the coAiiists as to the duration of the ordinance out inquiring whether it be mere- zance of cases under the revenue laws to

fhnn thp term lhem?elwpj . Thminrh r.omnacts of all kinds free v nnd vnlnn. 15s "Ofbu man cdbivt.

the revenue lawsnre alreadv dorlarpd tarilv entered into, and in whir h ih in. ProPer resistance to "a go

vn?.l ?n Rnnfh flarnlinn -.c terect and welfare nf the indJoiMnnl limtcd VpWCrs as has

the bonds taken under tliem, & the iudi- becomes identified with those of the ?l!!fC?;w'; Lli

and of the enactments for enforcing

it, it becomes imperiously the duty of the executive of the United States, acting with a proper regard to all the great interests committed to his care, to treat those acts as absolute and unlimited. They are so, as far as his agency is concerned. He cannot either embrace, or lead to the performance of the conditions. He has already discharged the only part in his power, by the recommendations in his annual message. The rest is with Congress and the people. And until they have acted, his duty will require him to lookto the existing state of things, and act

under them according to his high obli

gations. By these various proceedings, therefore, the state of South Carolina has forced the General Government, unavoidably, to decide the new and dan-

ly federal, or social, or national, it is her own tribunals, specially prepared and sufficient that it must bo admitted to be fitted for the purpose of enforcing the acts a compact, and to possess the obliga- Passed by the State to obstruct those laws,

tions incident to a compact; to be a com- uoul JuuSes ana jurors ot which will be pact by which power is created on the Dundby the import of oaths previously ta one hand, and obedience exacted on 1? lh? Constitution and laws o

the other; a compact freely, voluntari-K

i ---- -

and to the remedy of without waiting to learn Stntps will rnnsptit tn a

which the several States and the peo- Convention, or if they do, will construe or pie thereof respectively have bound amend the Constitution to suit her views, themselves to each other and to the jpd- she has of her own authority altered the imeral government, and by which theffed- port of that instrument and given immediate cral government is bouud to the sever- cn"ect to the change. In finc,she has set

IV- ann snlemlv entprH mln hr t hp ccv. 1 .

i c V j . V ,J to public opinion eral States and rd by the people amendment. For, thereof respectively; a compact by whether the other

al States and to every citizen of the United States. To thi3 compact, in whatever mode it may have been done, the people of South Carolina have freely and voluntarily given their assent; and to the whole and every part of it they are upon every principle of good

her own will and authority above the laws

has made herself arbiter in her own case, and has passed at once over all intermediate steps to measures of avowed resistance, which, unless they be submitted to, can be enforced only by the sword. In deciding upon the course which a high sense cf duty to all the people of the United

Stales imposes upon the authorities of the Union, in this emergency, it cannot he overlooked that there is no sufficient cnuse fur the acts of South Carolina, or for her thus placing in jeopardy the happiness of so many millions of people. Misrule and oppression, to warrant the disruption of the free institutions of tho union of these States, should be great and lasting defying all other remedy. For causes of minor character, the Government could not submit to such a catastrophe, without a violation of its most sacred obligations to tho ether States of the Union, who have submitted their destiny to its hands. There is, in the present instance, no such cause cither in the degree of misrulo or oppression complained of, or in the hopelessness of redress by constitutional means.

The long sanction they have received from

the proper authorities and from the people, not less than the unexampled growth and increasing prosperity of so many millions of freemen, attest that no such oppression as would justify, or even palliate such a resort, can be justly imputed cither to the present policy or past measures of the Federal Government. The same mode of collecting duties and for the same general objects, which began with the foundation of the Government, and which has conducted the country through its subsequent steps to its present enviable condition of happiness and renown, has not been changed. Taxation

and representation the great principle of

the American devolution have continually gone hand in hand; and at all times and in every instance, no tax of any kind has been imposed without the participation and in some instances which have been

complained of, with the express assent of a

part, ot the Representatives ot fcouth Caro

lina in the councils of the Government.

Up to the present period, no revenue has

been raised beyond the necessary wants of

the country, and tho authorized cxpcndi

tures of the Government. Aud as scon as

the burthen of the public debt is removed,

those charged with the administration have

promptly recommended a corresponding ie duction of revenue.

That this system, thus pursued, has re

sulted in no such oppression upon South

Carolina, needs no other proof than the

solemn and official declaration of the Chief

Magistrate of that State, in his address to the Legislature. In that he says, that "the

occurrences ot the past year, in connec

tion with our domestic concerns, arc

to be reviewed with a sentiment of fervent

gratitude to the great disposer of human

events; that tributes of grateful acknowl

edgements are due for the various multi

plied Messing3 he has been pleased to be

stow on our people; that abundant harvests

in every quarter of the State have crowded the exertions of agricultural labor; that health, almost beyond former precedent, bus blessed our home; and that there is not less reason for thankfulness in surveying

our social condition. 1 It would, indeed, be difficult to imagine oppression, where, in the social condition of a people, there was equal cause of thankfulness as for abundant harvests and various and multiplied blessings with which a kind Providence had favored them. Independently of these considerations, it will not escape observation, that South Car

olina still claims to be a component part of

the union, and to participate in the national councils, and to share in the public benefits without contributing to the public burthens; thus asserting the dangerous anomaly of continuing in an association without

acknowledging any other obligation to its

aws than what depends upon her own will. In this posture of affairs, the duty of the

Government seems to be plain: it incul

cates a recognition of that State as a member of the Union and subject to its authority, a vindication cf the just power of the Constitution, the preservation of the integrity of the Union, and the execution of the laws by all constitutional means.

The Constitution, which his oath of office

obliges him to support, declares that the

Lxecutive "shall take care that the laws be

faithfully executed,1 and, in providing tht

he shall, trom time to time, give to Con

gress, information of the state of the Union

and recommend to their consideration such measures as he shall judge necessary and expedient, imposes the additional obliga

tion of recommending to Congress such more efficient provision for executing the laws as may from time to time be found requisite.

The same instrument confers on Con

gress the power not merely to lay and col

lect taxes, duties, imposts, and excises; to pay the debts and provide for the common defenco and general welfare; but "to make all laws which shall be necessary and proper for carrying into effect the foregoing powers, and all other powers vested by the Constitution in the Government of the United States or in any department or officers thereof," and also to provide for calling forth the militia for executing the laws of the Union. In all cases similar to the present, the duties of the Government become the measure of its powers; and whenever it fails to exert a power necessary and proper to the discharge of the duty prescribed by the Constitution, it violates the public trust not less than it would in transcending its proper limits. To refrain, therefore, from

the high and solemn duties thus enjoined

however painful the performance may be

& thereby tacitly permit the rightful author

ity of tlu Government to he contemned and

its laws obstructed by a single State, would neither comport with its own safely nor the

rights cf the great body of the American

people.

It bein" thus shown to be the dutv of the

Executive to execute the laws, by ii 11 Con

stitutional mean, it remains to consider the extent of those already at his disposal, and what it may be proper further to pievide. In the instructions of the Secretary ofthr Treasury to the Colkcltrs in South Caroli

na, tho provi&Y-ns r!i! rr .i.Lfou? rnad hf the act of l?t'Jf fiul ;sl.;o the I'm p, p ii.iltics, and foifciluics for tl eir i nfua mi nt, arc particularly d tr.Lh ! ;:iul explained. It may be well apj n !u i th d, Iuiwc ut, that these provisions may prove inadquatu to meet such an open, powt il'ul, ciauii d opposition, as is to he iiu iiiu.ccd afttrtho 1st of Fehrujty next.

v n 1 2i t i iv a v i: e: s;s 7Jri mi fart or, ami rnuro rns wahi noucr.

TtCKIN?l)X h WILLIAMSON, Fifili St., jU (between F.lm and Plumb Siret u.) (Jm.

cinnaii, have commenced n I tUbliHtrmiit for

he manutucture ot IMUNTlKfi 1'KKbSCSi of

Medium, Ityal, Super Koyl, Imperial, and Mammoth i irs, of catt iron.

The FKJ.NKLIX FKESS, an improved IVess

bv Mr. D'( kir.son, (who bus been tniraned. lor

several )f?irs past, in manufacturing Printing

Presses,) combines jrreat ease in work ntfr and

durability in those parts where the friction i

greatest. 1 he pull is probably the nu.it easy

that can te obtained Riving on immense pre sure. They also make the common i'eiiiiovr so generally used in the West.

D. u W. will shortly produce a machire to

bewoiked in connection with the pies, to perform all the duties heretofore perform d by ihe

roller boy or the pieshiran with balls. Ma chines of this description have been in Micrrs:,ful operation in the United States lor evttal

years, and in this city for several months; pio ducing better work than is imially done wuh rollers or balls Messrs. IUn?t.us, f Newr York, work all the r presses in connection with these machines one pressman thereby perform ing the work of two, w iiU not more than ten percent, additional Ubour, allowing lorn to work off twelve to fifteen tokens y er day, if desirable, and keeping one uniform color ttuougUout . They also manufacture an improved apparatus for inking tjpes with rollers, by a boy, with traversing roller; by which means the ink ii equally distributed ever all parts of the roller which inks the form. The Proprietors intend keeping the following articles constantly on hand: viz, Mould fop casting rollers; Jloller Framtt double and sin. gle; Chases of wrought and cist iron, all sizes: Composing Sticks Joints, Cases, etc. (T AH work done at this establishment will lie warranted. Teims are liberal, and Vricc very litf. V Several second hand Presses for sale. Cincinnati, Nov. 24, 1832. 45-3mo

in .votivj:. AMOS LANE, Attorney and counsellor at Law, will, in future, give his vnJ,vUle U attention, to his professibn-mty be consulted at his office, on high street near the clerk's of fice, at all tirnea, except when at Court will attend the Circuit Probate, and Commission, er's Courts, in the County of Dearborn The Circuit Courts in Franklin, witzcrhnJ,' Itipley and Djcatur counties. The Supreme and District Courts at Indianapolis. And will attend to business of r ta nee, either civil or criminal in any other com ts iu this, or adjoining states. He trusts that his Ioitj- and miccessful practice, will insure him his former liberal portion of professional business, when the public thall be assuted, that ah business entrusted to his charge thall receive hU prompt attention, and best tll'orts, to bring it to aspceuy an J successful close. AMOS LANK. Lawrenceburgh, June 13tln 183. 24 LAW, DANIEL J. CASWKLL ami DAMKL S. MAJOK, Attorneys and Connsellors al Laierao entered into partneri.hip, and w ill practice in Ihe third Judicial Circuit of Indiana, particularly in the Count ies of Dearborn, Franklin, Itip'ey and Swi:zerland; Also in the Supreme Court at Ind anapolis. Ofhce on Short street immediately opposite Mr. Ludlow's large brick building; where D. S. Major will at all tinies be found, unless, absent oa business, ready to attend to any professional services that may bi required. He will al?o attend to the sett'ement of estates before the Probate Court; and of claims befoie the Commissioners Court of Dearborn county. Person wishing Deeds Mortgages, Powers of Attorney, or conveyance of a.iy kind, can have them drawn in a legal and unexceptionable form, by calling at their office. All business confided to Caswell h Major will receive tha united and strict attentjon'o f both. Law renceburgh, Oct. 13, 1832. 39 tf MEW G 6 6bs." TDK eubscribcr has just received from the city of NF.W YOUK, in additionto his for, mer stock, the following articles: Bluo and Stccl-Mixt Satinctfs; lcd &. whit o Fhmnels (as.sorlM qualities;) 20 Pieces (part newest style) lticli, Dark Fancy Prints; Assortment of Circassians; Mackinaw, Rose, and Point Blankets; Drah Cloths; Olive t Diah Lion Skin Coating; Tibet!, Wool iV. Cashmere Dress llandkfe , Tartain Plaids;

Men's Seal-Skin Caps &, Ucavcr Gloves; No. 1 Ticking, vVc.iVc.

Which he is now prepared to i.e!l to his cus

tomers and all who may give him a call,

JOHN P. DUXX. Oct 18, 6?;2. )ff

Isatrrmrr'ttirgh ClIAIH IvTAIWFAGTOHY. rpElI subscriber taks this method to inform the public in general that he has established the chaT making business, r n High street, opposite the market house, where le ui4 keep constantly on hand a large and splendid

assortment

fct

r

AM) Whutsor

V 1 . i y

v

Which he Warrants for durability ami w oik-m-inship, equal to any in the western countr) wlj,cU he will dispose of, on reasonable terms. Persons wishing to purchase, will pitase call and judge fur themselves. VM. N. KOtiKItS. Pel). 11,1331. Toburro. JUST received and for tale by J. M. Dinuagu, 12 Kegs of fi"5t rate manuf-ctuied Tohacco . Dtc mil, 1832. 50