The Wabash Courier, Volume 1, Number 34, Terre Haute, Vigo County, 31 January 1833 — Page 2

President's Message,

Relative to the Excitement in the South. TBA5VITT£D TO COMIBMJ JA3. 16«

GtnlUmtn of the Striate, and of the Howe of Repretenlaticet: In my annual message at the commencement of your present session, I adverted to the opposition to the revenue laws in a particular quarter of the United States, which threatened, not merelv to thwart their execution, bat to endanger the integrity of the Union. And although I then expressed my reliance that it mitfht be overcome by the prudence of the officers of the United States, and the patriotism of the People, I stated that should the emergency arise, rendering the execution of tne 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 then alluded to, or which have come to my knowledge, subsequently present this emergency.

Since the date of my last annua message,I have had officially transmit ted to me, by the Governor of South Carolina, which I now communicate to Congress, copy of the ordinance passed by the Convention which assembled at Columbia, in the State of South Carolina, in November last, declaring certain acts of Congre« therein mentioned, within the limits of that State, to be absolutely null and void, and making it the duty of the Legislature to pass such laws as would be necessary to carry the same into effect, from and after the first day of Febru

ary nextThe consequence to which this extraordinary defiance of the just authority of the Government might too surely lead, were clearly foreseen, and it was impossible for me 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 nnlion at large, the Executive had determined to submit to Congi^s and hope was indulged that, by frankly explaining his sentiments, and the nature of those duties which the crisis vvouu devolve upon him, the authorities of South Carolina might be induced to retrace their steps. In this hope,I determined to issue my proclamation of the 10th of December last, a copy of which I now lay before you.

I regret to inform you that these reasonable expectations have not been realized, and that the several acts of the Legislature of South Carolina, which I now lay before you, and which have, each and all of them, finally passed, after a knowledge of the desire of the Administration to modify the laws complained of, are too well calculated, both in their positive enactment! and the spirit of opposition which they obviously encourage, wholly to obstruct the collection of the revenue within the limits of that State.

Up to this period, neither the recommendation of the Executive, in regard to our financial policy and impost system, nor the disposition manifested by Congress to act promptly on the subject, nor the unequivocal expression of the public will in all parts of the Union, appears to have produced any relaxation in the measures of the opposition, adopted by the State of South Carolina', nor is there any reason to hope that the ordinance and laws will be abandoned.

1 have no knowledge that an attempt jjmpos.ng °/duft,e£^

has been made1, or that it is in contenrh plation, to re-assemble 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 necessqfy for that purpose. It appears, moreover, that the State authorities are actively organizing their military resources, and providing the means, and giving^he 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 Cnroliiju has openly defied the authority of th^E^ccutive of the Union, and general orders from the head qumters of the State, announced his determination to accept the services of volunteers, an^ his belief, that should their

military violence, if needs be, to enforce her laws for preventing the collection of the duties within her limits.

Proceedings thus announced and malured, must be distinguished from menaces of unlaw fal resistance by irregqJar bodies of people, who, 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 comitted when it is officially authorized, and the means of enforcing it fully provided.

Under these circumstanced, there can be no doubt that it is the intention of fhe 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 toremove all just cause of complaint as far as may be practicable, consistently with a proper regard to the interests of tVic community at large, it is nevertheless detei mined that the supremacy of the laws shall be maintained

In making this communication, appears to me to be proper not only that I should lay before you the acts and proceedings of South Caroling, but thatl should also fully acquaint you with those steps which 1 have already caused to be taken for the due collection of the revenue, and with my views of the subject generally, that the suggestions 'sxna if nit/tri rA/lllirPQ mAwf f\

which ilie Constitution requires n^yto make, in regard to your future legislation, may be better understood,

This subject having early attracted the anxions 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 la ws^

I instructions were accordingly issued, on the (ith of November, to the Collectors in that State, pointing out their respective duties, hnd enjoining upon each, a firm and vigilant, but discreet performance of them, in the emergency then apprehended.' ,.. -4m

I herewith transmit copies of these instructions, and of the hotter addressed to the District Attorney, requesting ^"^.p-opcration. These instructions were rotated in the hope that, as the oppositio.. »j)C laws by the anarno lous proceeding

nuij,gCRtjon^ wa8

represented to be ot ^pacific nature, to be pursued, substantiJW«_i^^^j,Qj.jjj^^.. ing to the forms of the const

ther to suppress apprehension of the

B»?

instructions, however, the

fdains, "that the

Slates, within the limits of the

allowed

Nltjon?an(j

without resorting, in any event,v,r or violence, Hie measures of its &dV cntns would be taken in conformity with' such profession and, on such supposition, the means afforded bv the existing laws would have been adequate to

excesses o^hih excitement obstruct

States, purporting to be laws for he

"iinportation ot foreign and now

State ofSoath

country

need their services, they will be found at the post of honor and duty, ready to lay down their lives in her dcfcnce.— nder these orders, the forces referred to are directed to "hold themselves in readiness to take ttye 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 forthe magazine and municipal guard. Thus, South Carolina presents herself in the attitude of hos-

Siate,

from an after the 1st next and it shall be the duty of lu o* ther constituted oulhorities, and of all other persons residing or being within the limits of the State, and thejr ire hereby required and enjoined to obey arid give effect to this ordinandi, fifad such acts and measures of the Legislature as may be passed or adopted in obedience thereto."

It further ordains "thatm^c|$eof awNor equity, decided In tne courts of Ihe State, wherein shallbedrawn in question the adth^rit^ dfthis ordinance, or the validity of such act or acts of the Legislature, as may be passed for the purpbse of giving eflect thereto, or the Validity of the aforesaid acts of Congress, imposing duties, thafl ntay appeal be taken or allowed to" ibe Supreme Court of the United States, nor shall any copy of the record be permitted or

for that purpose, hnd

the person or persons attempting to take such appeal, may be dealt with as

for

a contempt of courti1^* m.-1 It likewise ordains,

Uttull

Wll per

sons holding any office of honor, profit, or trusty civil or military,®under the State, shall, within such time} hnd in such manner, as itlie legfefatuVe shall prescribe, take

aihf

oath,-

well

arid tru

ly to obey, execute, aridTeft^r^thfe Ordihancfc, and such act or a^re cf^he Legislature ns may be passid

\ti

pur

suance thereof, accord in to the true intent and meaning of thef and oft the neglect or omission of siny $uch person of persons So to do, Iris or theit* office

offices sfcafl be forthwith vadat-

cd? anft shall

filled up as if stich

person or persons were dead,* tor- had resigned and no pbrsoh herejafter elected tb any rffice of honor, profit, or trust, civil or military, shall, until the Legislature shall otherwise provide and direct, 'enter on the execution 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 thi? Ordinance, or any act of the Legislature passed in piirsuante 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 same into operation and effect, according to the true intent and meaning thereof."

The ordinance concludes—"And we, the people of South Carolina, 1o the*e»d that it may be fully understood by the Government United States and the people of the coStates, 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 obe

licnce

but fiat we will consider the

P^^e by Congress, of any act, autnoKsTh^^g

etT1p]0yment

,s*un8

sefs

it certainly was not foreseenthat t^ I acTon "thepartof the cRfiJ. meditated obstruction to the Jans

wouW so soon openlj assume its present I d^troy or harrassV cnnracler. commerce, or to enforce the acts he^pSubsequently to the date of thoset

ord,n"^e®[

having operation and" effecJ things nhich sovereign and indepa.7 .«! dent States if^yol right do. ,tl within the United States, and more es If i. tu*i This solemn aenunciftlion ot tie pccially "An act alteration of !hc

several wets-imposin" HntiM on ,m.|iawsanuaui.ioniy ports,*1 approved on

ports,' approved on the lW|of Mv,I

Carolina,

its officer

affirmance

life preparation, and ready even for parts of acts of the Congress of the

and

of a military

^rce against the State of Carol,.. £cr

1 thoHtics, or ci^

constituted au_

15 *rtsofthis

State

to and froJ the said por8£f

nmen( l0 coerce

the State, *ut

declaredto benun and

Jhc

than

clpTicrwU^T'thr^pli rr'hatUe country, as inconsistent with 4 State, must eRec uaily 'render inop longer continu rative the present revenue

Jaws within I

herhmits. selves absolved from all further obltaThat ordinance declares and °HSt^Soamaintain

sevtral

8C^ ticn]

of acts of the Congress of the Lni ed

void,oth*-

through the civil tribunals If

thenceforlh boW the^.

or preserve

their p|-

connection with the people of tie

an(1 wi„ pp.

nize 3 separatc

ment,

and to

ofMw I been followed up by a serie, of act

pn_t rf

goven-

lhorUy0fthe

United States

„le

Std'^tt^e 'm |^atc, h,hr ,f«Uca detain,

rht^thtb?im±:.rrrH^U»e Of -IMefence whic.

the Constitution of .be United tbeparamountduty theFederalGove™ slates, and vioU.e the trueintent ^eeXl

OT iXnor^binei^g on Uiejecutcthe purpose it hasavowed^nthi

authorilir

of th«

I ordinance, of withdrawing from

im-|

»nd^WiTOltons!LPdeTt^rdTnlo oTthe 27tli of November the Legis-ncnt of'dutiior under any proceaor •"".ta -ore U,e dotie,

^dPh^h«MirRc'(I, and all judicial I their meethjg the Goveroorludbefore on»ceedings which shall be hereafter them the Ordinance of the Convention, had in

thereof, are «nd shall ln hi» me^aee, on ?cca8'0"'^

be held utterly null and void." acquaint, them that "thn OTd.nance It also ordains "that it shall not be has thus become a part of the hndalawful for any of the constituted au- mental law of South Carolina, that thortties, whether of the State of S. -tbedie has

been

Caroliim, or of the United States, to Carolina has at length appealed to her enforce the pavment of duUes imposed ulterior sovereignty a rnember of by the said acts, within the limits of the this confederacy, and has planted b.r State but that it shall be the duty 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

General Government, within the authorised grants of,.power, to be drawn in question^*}*#! ttya interposition is emrtcd in I &«£lH jft&h the compact has beeil palpably, deliberately, lv violate

dangerously violated. Th»t |s bringp up a conjfit^ture of (teep and momentdxlS trsteref^ is neither to be concealed nor denied. This crisis presents a class of duties which, is relerable to yourselves. Yqu have been command-

HroHa*-of State their will ^hatt be obey^d^ measure of legisteboBffie «dys,wwhSch you have to 'en* plojt at^his crisisyis ihe precise amount ofsucheoactinents as may be neeessarr to render it utterly impossible to collect, within oar limits, the dotiei imposed by the protective tarifl& thus CHiUi&ed^ He upiweeeds,

The Governor also asked for power to grant clearances, in violation of ,the jiiwis of the Unions aod, to pcteparet foe tl#e alterm*tive',^hichinust happen, uofess .the .United States shall passively ^urrender.tl^eirsauthprity^ and the Jiixecutive«,'di^rfgarding his oath, refrain from executing thelaws of the union, ic recommends thorough. revision of' the militia system* and that: the, Governor "be. authorized to a£K!eplv for the defence ef Charleston and its dependencies the services Of two thousand vnlijnteers, either by companies or files*" and that they be formed into a lcgjon$ry brigadie^consisting of infantry, riflemen, cavalry, field and heavy artillery aud that they be farmed and equipped from the public arsenals completely for the field^andtliat appropri ation^be made for supplying all de ficiencies in our, munitions of war."

In addition to these volunteer drafts, he recommends that the Governor be authorized "to accept the services of ten thousand volunteers from ttie other divisions -of the State,-to be: organised and arranged in regimtntsartd brigades —the officers to-be selected by the Commander-in Chief—^arld that this whole force be called

The acts to which it is deemed pro -»erto irivSte tlie particular attention of Corr^^ nre 1st. "An act to "Carry into'effect, in part, an ordinance to nullify certaia acts of the Congress of the United States, purporting to be laws layti*g duties on the importation of fb^ign commodities,^ passed in Co*vent'on this State,at Columbia, on the 24th

at Columbia and^

at last cast, and South

self on her reserved rights. The rightfill 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 dot is its strict compatibility with our conetitutioual obligation to all laws passed by jh*^

V-1832." his act provides, that any good^ 2tained, under pretence of seeding the dutk s,orfor the noo-pay-mer.ot duties, or under any process, Gfdc, er decree, or other pretext, contrary the intent and meaning of the ordir^ice, may he recovered by the own^pr consignee by **an act of replevin That, in case of refusing to delive^hcm, or removing them, so that the relevin cannot be executed, the sheriffny seize the personal estate of the offeder to double the amount of the goo^j and, if any attempt shall be madeto \take or seize them, it is the duty of te sheriff to recapture them.

And that Mr person who shall disobey the proce\ or remove the goods, or any one wi shall attempt to retake or seize th^oods, under pretence of securing thlduties, or for non-pay-

besides b^ liable for any other ofeoce involvl in the act. |t alsoprovi\a that any person arreted or impri^jed on any judgment oldecrec obt^ed ia any Feideral Csrt for dutieshall be eotitled to the boefit secured W the habeas corpus aenfthe State ihaaesof unlawful arret. and may i\intaia an action for danges and th^if any estate shall betid under socl^jdgment or decree, tfegale shall be Ud illegal. It also pn^des, that any Uor who receives a peon committed any process or

who hire#hi#

Htha(t

you

should arm eve#y,.citizen withjaf civil ^ffocessi I^t#lwckiie^i6ay ctaiii^if We pleoseSr^i^ituUon irfhBsgcodSisewed tinder thfe^xssting imports, onJMs gi vlog sec»uityltO!i»bide the issue tf 'solt at law^Mid {^'thei.saaie ttm©^''d^6ne ,wh«t ^h^lsftnsljtut© itreasow Against the Stutflf, and by ai bHl of phini aod ^enalfiHtf^ compel johediencevand!punish diaotifeiiencfi to yoarawn laws ar^, points too obvious to require 'any dis-. Ai5sioiii tin rineiw&prd, you roustistirtey! ihfe iwhfeitf grounds? iSSou must«loob to and pratide far rfi pofesibloicaitiliafpei*ciesrto Inyour(«iwii:iiiml43yi^oii*^oWn (courts j&dkiiitekp} must notoiil^. bfe ^uprer»eyh.utyi«u nwfclook to tho ultimate \tsvb of«ny.?c«ioflict :of jwisdidtion fcndfawettbejwfecn theniiand the courts ©f:tb/eUnitiejl StatiesV if fbi»«

the Stale Gtiafd."

A request has been regularly made of the Secretary of State of South Caroling for authentic copies.of the acts whiob have been passed for the purpose of enforcing the ordinance) but,up to the date of the 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 Stale. .'

boose»«

j*il to.receive

such person, shall be fined and inpite oned. And, finally, it provides that persons paying duties may recover

l^iUe^^B^ct to provide

teeiSizUsrziz

Tms act provides* that, if the Government of the United States, or any offi cers "thereof shall, by the employment of naval or military force, attempt to coeice.the fctate of Sooth Carolina into submission to the acts of Congress, declared by the'Drdlnance null and toid, oh Id Hsist the1enforcement of the Ordinarfce^ir of the laws pasted re ptirsaance the^eeii, or in case of any armed or foroibie ,-eiistaace thereto, the Governor is j|u thprised to resist the tame, and to qrder into, service the whole, or so much ^rthe wUitary force of the State as he Otay deem necessary and that in case of a^py overt-act pf coercion or intention to commit the same, manifested by an on^ sa^t assemblage of naval or .military forces in, or nesr the 'State, or the oc-

(r*ib«

ande to rts^law?, the Governor is author isedtd aecepf the services of imdi volunteiehi^ and call into aervtce^ sMch pnnti^ns ,»f the lailitta, as may be te« Ijaifcd to pn?*8e#cy. u.m .,, 3The aft^alsti prp^des for^ the ser.yijce. of. the volunteers,, an4.Pf' ganiziqg^tbe 'militi^embr^i1)^ iH.fjWe whitie majes between th.^wes of si^een ihd?tsiity*lamf for the purchase of arms, ordntm^? ituf atnun'itioil. It also'(Us* idliireS twf

!tWe

power conferttd dn tnfe

©o^rei-nbr'jlibill be applicable td *lT'fcrfses of insurrection or invasion, orimltoi* nent dartgtr thereof, and to chae# Where the laws ef the State shall be opposed, lahd the execution thereof Ibrcibly rosisted, by.combinations too powerful to be suppressed by the powe* jested in the sheriffs and other civil officer** and declares it to be the duty of the Governor* ia every such case, to call forth such portions of militia and volunteers as may be necessary promptly to suppress such cVttibiriafiOnl, and cause the iaws of tht\§tate to be executed. 3 c, is

wAn

act concerning the oath

Required by the •ordinance, passed 'in Convention at Columbia, the 24th of No vember, 1832." This act prescribes the form of the oath—which is to obey and execute the ordinance, and ajl. acts passed by the Legislature in pursuance thereof and directs the. time and manner of taking it by the officers of the 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 able to procure them

I transmit, hawever, a copy of Gov. Hamilton's of South Carolina, of Gov. Major's inaugural address to the same body, as Also of his proclamation, and a general order of the Governor and commander lin chief, dated the-20th of December, giving public notice that the services of volunteers,will be accepted, under the act already referred to.

If these treasures cannst be defeated and overcome by the powtr conferred by the Constitution on the Federal Government, the Constitution must be considered as incompetent to its own defence, the supremacy of the laws is at an end, and the rights and liberties of the citizens can no longer receive protection from the Government of the tfnion. They not opty abrogate the laws of Congress, commonly called the tariff acts of 182J?

a(1i

1832, but they pros

trate aD^ sweep away, at once, and witho** exception, every act, and everypart of every act, imposing any a riount whatever of duty on any for eign merchandize, and, virtually, every existing act which has ever been passed, authorizing the collection of the revenue, including the act of J816* and also, the collection law of 1799, the eon ttitutionality of whico has never been questioned. It is not only those duties which are charged to have been imposed forthe protection of manufactures that are thereby repealed, but alt others,tho' laid for the purpose of revenue merely, and upon articles in no degree suspect ed of being objects of protection. The whole revenue system of the IT. States in Sooth Carolina is obstructed and overthrown and the Government^ absolutely prohibited from collecting any part of |he public revenue within the limits of that State. Henceforth, not only the citizeas of South Carolina aod of the Uoited States, but the subjects of foreigo States, may import any description or quantity of mercbandiae into the ports of Sooth Carolina, without the payment of any duty whatever. That State is thus relieved from the payment of any par! of the pablic burthens, and duties and imposts are ootonly rendered not uniform throughout the United States, but a direct and ruinous preference is given to the ports of that State over those of all the States of the Union, in manifest violation of the poaitive provisions of the Constitution.

In point of deration, also, those aggressions upon the authority of Congress, which, by the ordinance, are made part of the fundamental law of South Carolina, are absolute, indefinite, and without limitation. Thev neither prescribe the period when tney shall cease, nor indicate any conditions apoa wbich those who have thus undertaken to arrest the operation of the laws are to retrace their steps aod rescind their aaeasures. 'lliey tffer to the United Stale* no alternative hat unconditional submission. If the scope of the ordi-

othf judicial profWiio^i to enforce ymeot of d^cs, and any one nancs is to be received as the seete of! ace^diar to bis~kirbob

concesaion, their demands can Be satisfied only by a repeal ef the whote system of revenue laws, and by abstaining frptn the collection of any duties and

Itisjroewit in the add res* to the peoplajtff tD^tlDfred Stales by the Convent ion of^ipth l^Mfolina, after deaoiincinp "the fixed and final determioatioo of the State, in relation to the protecting system," they say, "that it remains /or us to submit a plan •f taxation, in which we would be willing to acquiesce, in a liberal spirit of concession, provided*^JW in a becoming spirit, by the States interesii^taimiwftterares la the opinioinof the.Convention, a» equitaVle plan would be that "the whole list of protected articles ft should be imported free of all duty, and that the revenue derived from import duties should be raised exblitsirely from the utK protected articles, oe that whenever a doty is imposed upon protected articles imported, an excise duty of the same rate shall jf be imposed upon similar articles mafeu-

factured in the UnrtedJStates.** The ad-

dres* proceeds to state,howevor, that •fre-wiilioj? to make a lange offering to preserve the Union, and with a distinct decla^ fatioa that it .concession oo our pstrt, we wilt ooosenttbaittho same rats of duty may be imposed on -the protected articles, that ahaU be imposed upon the unprotected, provided that no more revenue be raised titan ia necessary to meet the "demands of the Government Tor constitutional purposes, and provided, also, that *d»*y substantially unifoam be- imposed upon, all -foreign im* ports." g| iM.-'V W

It is also true, that in his message to tho

Legislature, when urging the necessity of\ providing foe secaTtnp th.eir-safetj by ample reso.yrcef,/or .repelling" force by force," the Governor of Soivth Carolina.ob-sfert-eS'that he 4ea'nndt but think that ort a ealmbftd dispassionate re»ifew by Congress ,, aod tbe AiofCtiboaciea.ntthe GenersS-CiOf-^l

V^^nmp9l» of the true merits of ihws^tro^ vecsy, the arbitration,' bf a, call of.all ,tbs States, which we sihcerely and ato^iciusly mek atiflddesire, wilt be accorded to us." ifrom the diveraity of terms ind]aited« iini these twe imporisrit docirmepta, tsken io^ connexion with the progress of rfecer*t,e-J, vents in that quarter, there is too much reason to apprehend,' witlrbul in any manner^ donbting the intention ofthoke publio fond-l tionar,ies, .that ijeither the torroa proposed1" in the address oj^Uie CtinvenLiou* nor U»osef alluded to in the rneroage of the Governor^ would appease the excitGrtient which haa led te the presfent excesses. It is obvious^ however, that should U/e latter be insisted' onr tbey preseoi an alternative whiclHbo General Government, of itself, can by no^ possibility grant, since, by ah express pro-* vision of the Constitution, Congress can calf a convention for the ptirposo of proposing amendments enly on "the applicationuf the Legislatures of two thirds of the State*.'-

A,nd it is not perceived that tho,teiims pro-1 sented in the address Wo more practifcablqthfen1 those referred to it the message.'5

It will not esckpe attention, ^hat the-conJt ditipns on which,it is said in tbe address,of the Conventien t^ey "w.ould be willing,lt| acquiesce," forni ti6 part of 'tlie ordinance. While this ordinance bears all the solemn!ty of a fundamental law, iato%e authoritative upon all within the limits' ofSotuh Carolina, aj»d is absolute andJMinonrf ii innaJ the address conveys only the sentiments of the Convention, in no binding or practical form one-is the aet nf the State, the other only the expression* of the opinions of the members of tbe Coovention. .To limit the eflect of thatsolenjq act hy any term® or conditions whatever, they should have bcoij embodied in it, and made df import ho lets authoritative than the act itself. By the positive enactments of the ordinance the exsfcutionofthelawsofthc Union, i« absolutely prohibited and the address offers no other prospect of their being again restored, even in the aaodified form 'propiised, than what depends upon the improbable contisgency^ that amid changing eveota and incrq'saing excitement, tho sentimenis of the present members of the convention, and of their successors, will remain the same.

It is to be regretted, however, that these conditions, even if tbey had been offered in the same binding form, areso undefined, depend upon so many contingencies, and are so directly opposed to the known opinions and interests of the great body of the American peqple, as to be'almost hopeless of attainment. The majority of the Qtates, and of tbe people, will certainly not con^ sent that the protecting duties shafT be wholly abrogated, never to be re-enactfcd at any future time, or in any possible contingency. As little practicable is it to provide that

l&fci

tbe same rate of duty shall be

imposed upon tbe protected articles that shall be imposed upon the unprotected which, moreover, would be so oppressive to tbe poor, stidfCfo time of war, would add greatly to its rigors. And tho* there can be no objection to the pnqciple,properIyunderstood, that no more revenue shall he raised than is necessary forthe constitutional purposes of the Government? which principle bas been already recommended by tbe Executive as tbe true basis of taxation yet it is very certain that South Carolina alone ... cannot be permitted io decide what these Constitutional pnrpoSes are.

The period which constitutes tbe doe time in whicb the terms proposed in tfye address are to be accepted, would seem, to present scarcely less difficulty than tye terms themselves. Though the revemte laws are already declared to be void fn South Carolina, as well as the bonds taken under them, and the judicial proceedings for carrying them into effect,yet, as tbe full mlion and operation of tbe ordinance are to be suspended until the first of February, the interval may be a^temcd as the time within which it is expected that the meet complicated portion of the national legia- ... lalion, a system of long standing, and effeeling great interests in ihe community, is fS^. to be rescinded and eboiltbed. If this be required, it is clear that a compliance la impoasible.

In tbe naoertainty,then»that exists se to tbe duration of tbe ordinance, aod of tbe enactments for enforcing it, it becomes imperiously the duty of tbe Executive of tbe United ntatea, acting with a proper regard to all tbe great interests committed to Ms care, to treat those acta ai absolute aod unlimited. They are, so far as his agency it concerned. He cannot either embrace or Sead to tbe performance of the condition. He has already discharged the only part in bis power, by tbe recommendation in his annual message. Tbe rest is with Congress aad tbe people and, until tbey have acted, his duty will require bim to look to the existing state of things, aod act oader then tiooa.

'w,